Articles
<![CDATA[Legal validity of Grace Period Renewal of Labour Agreement in Indonesia: an Example from PT. X in Sidoarjo ]]>
<![CDATA[Muhammad Ary Taufik]]>;
<![CDATA[Noor Fatimah Mediawati]]>;
<![CDATA[Rifqi RIdlo Phahlevy]]>;
<![CDATA[Mochammad Tanzil Multazam]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 2 No 2 (2019): February ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijler.2019.V2.33
<![CDATA[The employment agreement in certain time PKWT it has frequenly used by employers or companies, because it’s efficiently to carry on the company’s oparetions and can be uses to minimizing the outlay of company. In PT. X sidoarjo also uses a PKWT to their workers, but their agremeents still not appropriate with employes law. As we know that the validity of a work agreement must be contains of element and terms. So, according to the result bellow this study are used “socio legal” method. It’s means based on the facts in a field as an empirical social phenomenon. The employment agreement has valid when the signing of the employment agreement, but the agreement will be invalid when violating the rules governing. If a certain time work agreement PKWT is made unconstitutional thena certain time work agreement PKWT becomes an uncertain time work agreement PKWTT. The company will be subject to criminal sanctions if the work contract is not in accordance with the laws and regulation. This study has benefits for autors in the development of legal sciene and has benefits for the labor service, trade unions and the public who need information related to employment.]]>
<![CDATA[Release of Prisoners During the Covid-19 Pandemic In Perspective of Decree of the Minister of Law and Human Rights Number 10 of 2020 ]]>
<![CDATA[Syafarul Imam]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 12 (2021): August ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijler.v12i0.731
<![CDATA[This study aims to determine and examine the juridical basis and the process of implementing assimilation during the COVID-19 pandemic. The research method used by the author is normative juridical using a statutory approach or better known as a statute approach and a conceptual approach. The conclusion of this study explains that the Decree of the Minister of Law and Human Rights Number 10 of 2020 is a lex specialist or special rule of Law Number 12 of 1995 which is a lex generalis or general rule where the Decree of the Minister of Law and Human Rights No. 10 of 2020 as lex specialists or special rules only apply to the emergency situation of the covid-19 pandemic on the basis of tackling the prevention of the spread of the covid-19 virus. Decree of the Minister of Law and Human Rights No. 10 of 2020 is a special policy that has positive and negative impacts. The positive impact of this decision is that it can reduce the number of inmates in correctional facilities as a form of preventing the spread of the covid-19 virus, while the negative impact of this decision is that the process of assimilation carried out at home results in the repetition of criminal acts by inmates who received an assimilation program during the COVID-19 pandemic. so that the role of supervisors is expected to work well and maximally to minimize the occurrence of criminal acts again committed by prisoners who receive an assimilation program during the covid 19 pandemic.]]>
<![CDATA[Legal Protection for Transfer Company Employees after Law Number 11 Year 2020 ]]>
<![CDATA[Minan Zuhri Asnawi]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijler.v13i0.736
<![CDATA[Legal protection includes a series of legal actions that must be taken by law enforcement officers to ensure a sense of security, both mental and physical, from interference and threats from outside. To answer the problems above, the researcher uses normative research methods. The approach method used in this research is to assess the legal relationship between outsourced workers and employers based on Law no. 13 of 2003 and its implementing regulations. Researchers take a normative legal approach. The rules of Law 13 of 2003 as amended by Law 11 of 2020, regarding the employment relationship between outsourcing entrepreneurs and workers are not limited, as long as it is stated in the PKWT and PKWTT agreements. Article 61 a between articles 61 and 62 If the PKWT is terminated, the employer is obliged to provide compensation to the workers. This compensation is equivalent to severance pay for permanent employees if there is a concept that the company is obliged to pay compensation to its employees; however, this is a new provision that was not regulated in the previous Manpower Act.]]>
<![CDATA[PERGESERAN KONSEP NARKOTIKA DALAM SISTEM HUKUM INDONESIA ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>;
<![CDATA[Maghfiroh .]]>
<![CDATA[ Res Judicata Vol 2, No 2 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Muhammadiyah Pontianak ]]>
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DOI: 10.29406/rj.v2i2.1551
<![CDATA[The regulation of narcotics in Indonesia began in the New Order era with the enactment of Law No. 22/1997 concerning Narcotics. However, in the reform era, there were revisions to the narcotics law with the enactment of the new narcotics law, which was Law No. 35/2009 concerning narcotics. This study applies a normative method based on the statutory approach and conceptual approach. This study aims to understand the shift in the concept of narcotics in Indonesia after the enactment of law 35/2009 and the concept of narcotics in Islamic law. After the enactment of law No. 35/2009 concerning narcotics, there was a shift in the concept of narcotics, which are substantial and essential in the form of changes and additions to the law No 35/2009 concerning narcotics. The amendment is related to several definitions that exist in the narcotics law, along with the addition of existing definitions in general provisions such as the definition of narcotics precursors and the definition of narcotics abuse. The concept of narcotics in Indonesia has an essential closeness to the concept of narcotics in Islamic law because narcotics and chemistry have similarities in terms of illat (legal reasons).Keywords: Narcotics, Shariah Perspectives, Shifting concepts.]]>
<![CDATA[Standards for conducting legal due diligence: Current developments ]]>
<![CDATA[Mochammad Tanzil Multazam]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>;
<![CDATA[Regita Amanah Huzairin]]>;
<![CDATA[Melati Indah Purnama]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 15 (2022): May ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijler.v15i0.762
<![CDATA[This study aims to provide an overview of current legal due diligence standards. So that it can be an answer to the various due diligence models used in previous studies. This research is a desk research, with literature sourced from the lens.org database and garuda.kemdikbud.go.id for scientific articles, and book.google.com for books. The result of this research is that legal due diligence has the same objective as legal audit, namely risk mitigation. The absence of standards for legal due diligence in general, can be filled with existing standards in legal audits, except for legal due diligence conducted by stock market legal consultants within the scope of the stock market. Because they already have special standards set by their association. The results of this research are expected to facilitate legal practice in conducting legal due diligence in the future.Highlights: Legal due diligence and legal audit share the same objective of risk mitigation. Existing standards in legal audits can be used to fill the absence of standards for legal due diligence. Stock market legal consultants have special standards set by their association for conducting legal due diligence within the scope of the stock market.]]>
<![CDATA[Sanctions for Rejection of Covid-19 Vaccines seen from the Perspective of the Human Rights Act and the Health Quarantine Act ]]>
<![CDATA[Damai Yanti Zulfatal Mawa]]>;
<![CDATA[Noor Fatimah Mediawati]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>;
<![CDATA[Emy Rosnawati]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 17 (2022): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijler.v15i0.772
<![CDATA[Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (COVID-19) Pandemic. The method used is normative using a statute approach, which is carried out by reviewing all laws and regulations related to this research. Collecting data from this study through primary legal materials consisting of legislation, official records or minutes in the making of legislation and judges' decisions. Meanwhile, secondary legal materials are in the form of textbooks, legal dictionaries, legal journals, and comments on court decisions. Is the refusal of a Covid-19 vaccine a violation of human rights law? And is refusing the Covid-19 vaccine a violation of the Health Quarantine Act? From this study, it can be concluded that the application of sanctions for the rejection of the COVID-19 vaccine is a form of legal protection for the community, as a form of effort to prevent the spread of the corona virus. Where the government has an obligation to protect the public from the risk of transmission of the covid-19 disease outbreak. Keywords - rejection sanctions, covid-19 vaccine, protection.]]>
<![CDATA[Eligibility of Village Head Elections in the Midst of the Covid-19 Pandemic in the Perspective of Human Rights in Sidoarjo Regency ]]>
<![CDATA[Iqbal Purwo Nugroho]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Cultural and Community Development Vol 13 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijccd.v13i0.804
<![CDATA[The Village Head Election is a form of village-level democracy, the Village Head Election in 2020 is very important to note its implementation by implementing the Health protocol. In particular, the village head election in Sidoarjo which was held in the midst of the Covid 19 Pandemic this year was not only an implementation of political rights, but also included the community's right to life which was threatened. The purpose of this study is to analyze the implementation of the Pilkades during the COVID-19 pandemic in villages in the Sidoarjo district from the perspective of Human Rights and also to analyze the pattern of implementation of the Pilkades during the pandemic in Sidoarjo district villages according to human rights. This type of research is sociological juridical, where this research serves to see the law in a real sense and also to see how the law works in society. From the results of the study, it was found that from the four samples of villages that had implemented health protocols in the Pilkades on December 20, 2020, so that the application of a health protocol that guaranteed political rights and the right to life simultaneously could be used as a pattern for implementing the Pilkades in the perspective of human rights in the future which would not only be applied to the Pilkades. but also in the E Voting Pilkades.]]>
<![CDATA[Implementation of the Distribution of Social Assistance to Communities Affected by Covid-19 in Village Based on the Minister of Social Affairs Regulation Number 20 of 2019 concerning the Distribution of Non-Cash Food Aid ]]>
<![CDATA[Ira Sanjaya]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Cultural and Community Development Vol 14 No 1 (2023): March ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijccd.v14i1.861
<![CDATA[That is Peremensos 20 of 2019 concerning B.P.N.T which was launched by the government to deal with poverty. This programs is a substitut for the poor rice proyect which aim to increase food securiti & support balance nutrision for K.P.M, increase the level of targeting accurate and the time of reciving food assistance for recipient families. Ketimang, Kec. Wonoayu is one of the villages that has implemented the latest governmen projec, name is Non-Cash Food Aid. the purpose of writing this scientific paper is to see the implementation and description of how the implementation of the Non-Cash Food Aid distribution progrms in Ketimang during the Covid pandemic. The method chosen by the author is descriptive qualitatife. Data collection techniques through question and answer & field observations. Data analysis techniq, data presentattion & draw conclusions. The results of the study illustrate that implementasion of the social assist project in Ketimang country has been in acordance with the technical guidelines for the 2021 B.PN.T progrm. Although in the distribusion process there is still some problems, such as the lack of socializattion to the communitty, especialy the original KPM. Howeer, this has a good impact and benefit for the wellfare of the communiti, specially KPM.]]>
<![CDATA[PERGESERAN PARADIGMA PERADILAN TATA USAHA NEGARA DI INDONESIA DAN BELANDA ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>;
<![CDATA[Aidul Fitriciada Azhari]]>
<![CDATA[ Arena Hukum Vol. 12 No. 3 (2019) ]]>
Publisher : <![CDATA[Arena Hukum ]]>
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DOI: 10.21776/ub.arenahukum.2019.01203.10
<![CDATA[Konteks negara hukum demokratis, Peradilan administrasi berkedudukan sebagai instrument bagi rakyat untuk melindungi dan menjamin keterpenuhan Hak Asasinya. Kendatipun secara filosofis berbeda, sebagai penganut civil law system, Belanda dan Indonesia pada asalnya memiliki konseps peradilan administrasi yang hampir sama. Perkembangan wacana dan instrument HAM universal, memungkinan adanya perubahan terhadap paradigma dan konsepsi peradilan administrasi di kedua negara. Tulisan ini mencoba menggambarkan adanya keterkaitan antara perkembangan konsep HAM dengan perubahan paradigma peradilan administrasi di Indonesia dan Belanda. Ini merupakan kajian hukum normatif, dimana bahan-bahan hukum yang ada ditelaah menggunakan pendekatan filosofis yang dipadukan dengan pendekatan perbandingan hukum. Hasil dari kajian yang kami lakukan memperlihatkan bahwa, terdapat hubungan yang erat antara perubahan paradigma dan karakteristik peradilan administrasi dengan perubahan wacana dan instrument HAM. Perkembangan konsep dan corak Peradilan administrasi kedua negara pasca lahirnya GALA (General administrative law act) di Belanda dan amandemen konstitusi di Indonesia, mengarah pada satu pola dan karakteristik yang sama, yakni lebih bersifat liberal dan individualistic. Hal itu terlihat dari pola relasi kuasa, dasar keabsahan dan lingkup tindakan administratif, serta meluasnya lingkup kompetensi peradilan administrasi, yang juga terkait dengan tindakan keperdataan dan tindakan hukum faktual.]]>
<![CDATA[Neglected Elderly: Lacking Welfare Policies in Indonesian Local Governments ]]>
<![CDATA[Said Fitra Akbar]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 8 (2021): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v8i0.969
<![CDATA[This study aimed to examine the social welfare policies for elderly citizens in local government in Indonesia, with a particular focus on the existence of regional regulations that address the needs of this vulnerable population. A normative method was employed, utilizing a statutory approach and deductive analysis of legal materials. The results of the study indicate that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This finding highlights the need for increased attention and action from local governments in order to ensure the well-being and protection of elderly citizens. Highlights: The study focused on social welfare policies for the elderly in local government in Indonesia. The research revealed that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This highlights the need for increased attention and action from local governments to ensure the well-being and protection of elderly citizens.]]>
