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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Warkat Pledoi Law Jurnal
Mira Nila Kusuma Dewi
Universitas Indonesia Timur
Humanities Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Pekerja atas Upah yang Terlambat Dibayarkan: Tinjauan Hukum atas Penerapan Teori Keadilan: Legal Protection for Workers for Late Payment of Wages: Legal Review of the Application of the Theory of Justice Andi Sri Rezky Wulandari; Mira Nila Kusuma Dewi; Andi Rahmah
Warkat Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.4

Abstract

Wages have always been an issue that creates confusion between workers and employers as employers, which will continue to be a long-lasting problem if not handled properly. It is hoped that legal arrangements will be formed that will at least reduce the unequal interests between the two which gradually give rise to disharmony. Throughout labor history, the payment of workers' wages, which is a worker's right, has always given rise to problems, even though wages are the basis for meeting the needs of life and family. The purpose of this writing is to analyze and examine legal protection for workers for late payment of wages based on John Rawls's Theory of Justice. The research used is normative legal research with a statutory regulation approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The results of this research show that work agreements protect workers against late payment of wages. The legal implications of workers' wages being paid late are (1) giving rise to industrial relations disputes; (2) The principle of justice is not realized in employment relations; (3) Injuring workers' welfare. Meanwhile, preventive efforts that must be taken to prevent workers' wages from being paid late are through optimizing the guidance and supervision of the implementation of harmonious employment relations with statutory regulations.
Analisis Putusan Terhadap Perlindungan Hak Cipta Desain Baju Dalam Ranah Digital (Studi Putusan No.1/Pdt.Sus-HKI/Cipta/2020/PN NIAGA MKS) Aminah Djunaid; Andi Sri Rezky Wulandari; Mira Nila Kusuma Dewi
Pledoi Law Jurnal Vol. 1 No. 03 (2023): Pledoi Law Jurnal
Publisher : Pledoi Law Jurnal

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Abstract

ABSTRACT: This research was conducted by processing materials or information obtained from relevant parties normatively. This research was conducted by processing primary, secondary, and tertiary materials obtained from various sources and references. The research results indicate (1) legal protection for copyright of clothing designs is guaranteed by Law Number 28 of 2014 concerning Copyright in Decision No. 1/PDT.SUS-HKI/CIPTA/2020/PN NIAGA MKS, the panel of judges provides legal protection by partially granting the plaintiff's lawsuit, stating that the plaintiff is entitled to the disputed clothing design. (2) The legal considerations of the judge in deciding the violation of copyright of clothing designs in Case No. 1/PDT.SUS-HKI/CIPTA/2020/PN NIAGA MKS are that the plaintiff was the first person to upload the clothing design on the digital platform of social media, thus directly announcing to the public at the time of uploading. Through the upload, the plaintiff has declared or announced the creation of the clothing design in accordance with the declarative principle in Article 1 paragraph 1 of Law Number 28 of 2014 concerning Copyright. ABSTRAK: Penelitian ini dilakukan dengan mengolah bahan atau informasi yang diperoleh dengan pihak terkait secara normatif, penelitian ini dilakukan dengan mengolah bahan primer, sekunder dan tersier yang diperoleh dari berbagai sumber dan kepustakaan. Hasil penelitian menunjukkan (1) perlindungan hukum terhadap hak cipta desain baju dijamin oleh Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta dalam Putusan No. 1/PDT.SUS-HKI/CIPTA/2020/PN NIAGA MKS majelis hakim dalam memberikan perlindungan hukum dengan mengabulkan sebagian gugatan penggugat yang pada intinya penggugatlah yang berhak atas desain baju yang dipersengketakan tersebut (2) Pertimbangan hukum Hakim dalam memutus Pelanggaran Hak Cipta desain baju pada Perkara Putusan No. 1/PDT.SUS-HKI/CIPTA/2020/PN NIAGA MKS bahwa Penggugat merupakan orang pertama menggunggah desain baju pada ranah digital di sosial media, sehingga secara langsung melalui unggahan tersebut terjadi suatu penggumuman kepada khalayak umum pada saat diunggah, melalui unggahanya telah mendeklarasikan atau mengumumkan hasil ciptaan desain baju sesuai dengan prinsip deklaratif pada pasal 1 ayat 1 Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta.
The Creditor's Position After the Constitutional Court's Decision on the Examination of Article 15 of the Fiduciary Guarantee Law Andi Sri Rezky Wulandari; Mira Nila Kusuma Dewi; Nurmiati Nurmiati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4294

Abstract

The Constitutional Court Decision Number 18/PUU-XVII/2019 provides a transformation regarding the process of execution of fiduciary guarantees by creditors against debtors by changing the substance of the regulation that cannot be carried out unilaterally without permanent legal standing. The purpose of this research is to look further after the Constitutional Court's decision regarding the position of execution on financing that provides loans to creditors. This research method is a normative research that examines the decision of the Constitutional Court regarding the execution of fiduciary guarantees. The results of this study show that first, the essence of the Constitutional Court's decision is that execution by financing institutions cannot be carried out unilaterally before the court gives an official decision. Secondly, that the decision only shows specifically between debtors and creditors so that this decision cannot be used as a legal argument related to other auction processes and including as a basis for changes in legislation related to auctions outside the problems between debtors and creditors. The implication of this decision is that the institution cannot take actions outside of the court decision.
Analysis of the Legal Substance of Indonesia's Bilateral Investment Treaty (BIT): Balance of Rights and Obligations Based on National Interest Mira Nila Kusuma Dewi; Nurul Miqat; Sahlan; Sunardi Purwanda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5619

Abstract

This study aims to analyze Indonesia's Bilateral Investment Treaty (BIT) Law: Protection of National Interests and Balance of Rights and Obligations of Investors. This research is a type of normative research that will examine and analyze the Bilateral Investment Treaty which provides a balance between rights and obligations based on Indonesia's national interests. The data collection technique through primary legal materials, secondary and tertiary legal materials that have been collected is invertarily, processed and studied in depth so that an overview of the legal issues being studied is obtained. Data analysis is legal material that has been processed and then analyzed using qualitative methods with content analysis techniques. The results of this study conclude that Indonesia's BIT which is in force until now generally still uses the old BIT model which often causes problems with other parties in the agreement, one of which is a lawsuit through ICSID filed by investors from countries that are partners in the Agreement. Sometimes the value of claims sued by investors is sometimes too large to burden the state's finances. This is what encourages the Indonesian side to review the content of the BIT that has been made. Many BITs have been stopped and some have been amended to avoid an imbalance of rights and obligations between investors and the state. Indonesia's BIT that will be created or is currently in force can be amended by including clauses that contain human rights values, environmental protection, sustainability and economic benefits
The Influence of Islamic Jurisprudence on Modern Commercial Law Abdul Ghoni; Mira Nila Kusuma Dewi; Sandra Dewi; Awaluddin; Yusep Ginanjar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6110

Abstract

This research aims to analyze the influence of Islamic jurisprudence (fiqh) on the development of modern commercial law, focusing on the principles of Islamic law that contribute to the contemporary legal system, both in Muslim-majority countries and within the framework of international law. Through a qualitative approach with literature studies and normative-comparative analysis, this study explores how the basic concepts in fiqh muamalah, such as the prohibition of usury, the principle of contractual justice, transparency, and the prohibition of gharar, have influenced the formation of legal norms in Islamic banking, Islamic insurance (takaful)), and other financial instruments. The findings show that despite the methodological differences between Islamic law and the Western positive legal system, there are significant common ground that allows the integration of Islamic jurisprudence values into modern commercial legal frameworks. The implications of this study show the importance of understanding across legal systems to create more inclusive, ethical, and sustainable economic regulation globally.
Differences and Points of Reference of Ood in the Perspective of Procedural Law of the State Administrative Court and Civil Procedure Law Elfran Bima Muttaqin; Gracesy Prisela Christy; Yusep Ginanjar; Andi Sri Rezky Wulandari; Mira Nila Kusuma Dewi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6349

Abstract

This study aims to examine the differences and tangents related to the Object of Dispute (OOD) in the perspective of the State Administrative Court (PTUN) Procedural Law and the Civil Procedure Law. In judicial practice, the determination of OOD is crucial because it concerns absolute authority between two different judicial regimes. This research uses a normative juridical method with a legislative and conceptual approach, and is analysed qualitatively. The results of the study show that although the PTUN and the civil courts both handle legal disputes, the fundamental differences lie in the type of legal subject, the nature of the object of the dispute, and the underlying principles. On the other hand, there are potential tangents in the case of objects that are civil in nature but are issued by state administrative bodies or officials, which gives rise to jurisdictional overlaps. Therefore, it is necessary to affirm norms and harmonize the regulation of absolute authority to avoid legal dualism that is detrimental to justice seekers. This research makes a theoretical and practical contribution in strengthening the boundaries of the absolute competence of the judiciary in Indonesia
The Role of International Cooperation in the Enforcement of Anti-Terrorism Laws Gracesy Prisela Christy; Wahyudi; Tomi Apra santosa; Mira Nila Kusuma Dewi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6500

Abstract

This study examines the role of international cooperation in anti-terrorism law enforcement in response to the complexity of terrorism threats that are transnational and transnationally organized. Using normative research methods that focus on the analysis of laws and regulations and international legal instruments, this study examines the effectiveness of cooperation mechanisms between countries in strengthening law enforcement and preventing acts of terrorism. The findings of the study show that international cooperation, through intelligence exchange, legal harmonization, extradition, and technical capacity building of law enforcement officials, makes a significant contribution to strengthening the effectiveness of anti-terrorism law enforcement. However, challenges in the form of differences in political interests, domestic legal constraints, and state sovereignty issues are still the main obstacles. This study recommends strengthening inclusive cooperation mechanisms based on respect for international norms as a strategic step to deal with the dynamics of terrorism threats globally. Thus, international cooperation is not only a tool of law enforcement but also a key element in terrorism prevention strategies.
Co-Authors Abdul Ghoni Aminah Djunaid Andi Rahmah Andi Sri Rezky Wulandari Awaluddin, Awaluddin Elfran Bima Muttaqin Gracesy Prisela Christy Nurmiati Nurmiati Nurul Miqat Sahlan Sandra Dewi Sunardi Purwanda Tomi Apra Santosa Wahyudi Wahyudi Wulandari, Andi Sri Rezky Yusep Ginanjar Yusep Ginanjar