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All Journal HUKUM BISNIS Ulil Albab Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Edshafa Muharatulloh
universitas narotama
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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WANPRESTASI DALAM PENGADAAN JASA KONSTRUKSI Ibnul Watoni; Edshafa Muharatulloh; Ravee Jevon Susanto
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Developments in development today are increasing not only in urban areas but in rural areas, development continues to be intensified for the sake of creating smooth community mobility, one of which is through construction services. In the procurement of construction services, it is determined that an agreement and/or contract must be entered into to bind the construction object. The basis for carrying out construction through contracts is not only carried out by the private sector but can also be carried out by the government. It becomes a problem when the procurement of construction services does not pay attention to the substance of the contract, causing one of the parties to default, especially if there has been a court decision that has obtained permanent legal force. The formulation of the problem proposed by the author is what are the characteristics of default in the procurement of construction services as stated in Decision No. 01/Pdt.G/2019/PN.Jkt.Sel and how is the legal protection in case of default in the procurement of construction services. The research conducted by the author uses normative legal research using a statutory approach and a case approach. The results of this study are that the characteristics of default in the procurement of construction services must refer to the contract of both parties and the indicator is that one party feels aggrieved by the actions of the other party and legal protection in the event of a default in the procurement of construction services is the party who feels aggrieved can request cancellation of the agreement. accompanied by reimbursement of costs, losses and interest payments. Key words : Construction Services, Default, legal protection
Penjatuhan Sanksi Hukuman Pidana Maksimal bagi Tindak Pidana Korupsi yang Dilakukan Masa Pandemi Edshafa Muharatulloh
ULIL ALBAB : Jurnal Ilmiah Multidisiplin Vol. 2 No. 3: Februari 2023
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jim.v2i3.1435

Abstract

The crime of corruption is a problem that has a global nature, no longer a problem that is regional in nature, even regional, in terms of corruption, it can cause the stability and security of the state and society to be fragile, even during the Covid-19 pandemic which resulted in the Indonesian state being in a state of which is troubling from an economic and health to social perspective, but there are some individuals who are still looking for opportunities to benefit by means of corruption. Funds that should be given to help the community are instead used by taking some for their benefit, one of the cases, namely the case of Juliari P Batubara, who carried out gratuities which causes a loss in the Social Assistance Fund. regarding the case of Juliari P Batubara in gratuities in procuring social assistance in the context of handling Covid-19. The purpose of this study is the decision handed down by the judge on criminal penalties for corruption during the Covid-19 pandemic. This research is a normative research with a conceptual approach. Types of legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection technique used is a literature study which is then processed using a legal material selection system in data processing techniques. Based on Article 2 paragraph (2) of Law Number 20 of 2001 regarding the application of capital punishment in the phrase "certain circumstances" there is an ambiguity that can lead to legal uncertainty. These provisions also raise the potential for fraud to occur which can be detrimental to society.
Reconstruction of Legal Norms Through Harmonization of Sexual Crime Laws Febry Dwi Prehatiningsih; Edshafa Muharatulloh; Winda Rahmawati; Safira Wulandari; Tahegga Primananda Alfath
Unnes Law Journal Vol. 9 No. 1 (2023): April, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i1.37270

Abstract

Harmonization and synchronization are required in the development of laws and regulations in order to strengthen the law and avoid overlapping regulations. Sexual crime legislation, there is the phrase "without the consent of the victim" or better known as sexual consent in the Regulation of the Minister of Education and Culture of Research and Technology Number 30 of 2021 concerning the prevention and handling of violence in the higher education environment (Permendikbudristek 30/2021), the term of sexual consent is not in line with the sexual crime regulations in other laws and regulations. This research method uses a normative approach that refers to legislation and norms, as well as a conceptual approach to explain the theory used systematically. The results of the study indicate that sexual consent is inappropriate for sexual violence, because sexual consent is contrary to the Criminal Code, the Law on the Elimination of Domestic Violence, the Trafficking in Persons Act, the Pornography Law, and the Act Sexual Violence.
Co-Authors Febry Dwi Prehatiningsih Ibnul Watoni Ravee Jevon Susanto Safira Wulandari Tahegga Primananda Alfath Winda Rahmawati