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KEADILAN DALAM HUBUNGAN HUKUM ANTARA DOSEN PERGURUAN TINGGI SWASTA DENGAN BADAN PENYELENGGARA PERGURUAN TINGGI Miftakhul Huda
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

The position of the lecturer as a professional educator who runs the college tridharma causes the legal relationship of the lecturer of Private Higher Education with the Private University Administration Board to have its own distinct characteristic from the legal relationship in the labor law which is characterized by a limited relationship or sub-ordinate (dienstverhovding) Which characterizes the relationship between the government/the authorities and the people. The construction of these different legal relationships causes the courts in Indonesia to have no strong foothold regarding the absolute authority to adjudicate disputes or disputes arising in the legal relations of Private University lecturers with the Private University Organizing Body. Thus, it is necessary to create a new concept of legal relationship in parallel position whose basic rights and obligations are determined by the Law because the implementation of education should be the obligation of the government so that the people who assist its implementation should be given optimal protection both in terms of freedom of academic pulpit and welfare protection of lecturers

PROBLEMATIKA PEMUNGUTAN BPHTB TERHADAP HARGA JUAL TANAH DI KABUPATEN GRESIK Arum Sri Peni; Miftakhul Huda
Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Vol 11 No 2 (2022): Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik
Publisher : Fakultas Hukum Universitas Gresik

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Dalam penelitian ini bertujuan untuk meneliti problematika yang terjadi atas pemungutan pajak BPHTB terhadap harga jual tanah di Kabupaten Gresik. Metode penelitian yang digunakan adalah metode yuridis normatif, yang dilakukan dengan analisa deskriptif analitis. Problematika pemungutan pajak BPHTB di Kabupaten Gresik terjadi terhadap objek tanah yang berlokasi di Desa Betoyokauman, Kec. Manyar, Kab. Gresik. Wajib pajak (pembeli) merasa keberatan atas nilai BPHTB yang diperoleh dari perhitungan nilai transaksi yang dilakukan oleh DPPKAD Gresik. Pemungutan pajak BPHTB didasarkan pada Undang-Undang Nomor 28 Tahun 2009, sedangkan pelaksanaannya diatur dalam Peraturan Bupati Gresik Nomor 39 Tahun 2019. Adanya proses validasi berdampak pada berubahnya nilai BPHTB terhadap objek tanah di Desa Betoyokauman, Kec. Manyar, Kab. Gresik. Sehingga terdapat kontradiksi dalam sistem pemungutan pajak BPHTB, yang mulanya didasarkan atas sistem self assessment, menjadi sistem official assessment. Dampak lainnya timbul pada terhambatnya sertifikasi tanah dikarenakan wajib pajak (objek tanah Desa Betoyokauman, Gresik) keberatan untuk membayar besarnya nominal pajak BPHTB yang ditentukan dari proses validasi lapangan oleh DPPKAD Gresik.

PERLINDUNGAN HUKUM MAHASISWA TERHADAP DEGRADASI NILAI AKREDITASI PROGRAM STUDI DAN PERGURUAN TINGGI Miftakhul Huda
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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Accreditation of study programs and universities is still very valuable for students, especially for continuing careers after studying in college. Various agencies require study program accreditation scores to be able to participate in the selection of job vacancies. Students who initially register at a university with good accreditation, do not have a guarantee that when they graduate their study program accreditation does not decrease. Meanwhile, the accreditation value used is the accreditation value at the time of graduation from the university. Therefore, the position of students is very vulnerable to be harmed by changes in the value of accreditation, especially those changes caused by education management errors. It is necessary to clarify the legal position of each party so that it is clear who is responsible and what legal remedies can be taken. This research was conducted using a normative juridical method with a statutory and conceptual approach. The results of this study are that students can file a lawsuit for unlawful acts at the District Court or a lawsuit Onrechtmatige Overheidsdaad at the State Administrative Court. Keywords: Student, Higher Education, Accreditation

The Effectiveness of Expansion of The Working Area of Land Deed Officials Related To Electronic Land Services Lingga Felani; Miftakhul Huda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i3.157

Fulfillment of legality in legal relations and legal actions in the private sphere, the authority is given to public officials who are called PPAT. In terms of carrying out the duties of the PPAT, the aim is to provide a deed as evidence of a special legal action relating to land and buildings. To maximize this goal, the Government Regulation concerning PPAT Position Regulations was enacted in which there was an expansion of the working area into a provincial area and the convenience of electronic land information services. The existence of such expansion cannot be applied by PPAT. The formulation of the problem in this study is the effectiveness of the expansion of the PPAT's work area related to electronic land information services and the criteria for expanding the PPAT's work area that reflect legal certainty. The research method in this paper is normative juridical research. The research results obtained from this writing are that the expansion of the PPAT work area based on electronic land information services cannot run effectively because there is no coordination between Land Offices in other regions, differences in values in the application of BPHTB and no regulation regarding technical legal actions related to land in other work areas against PPAT and other parties.

Legal Protection For Outsourcing Workers Based On Perpu No. 2 of 2022 Concerning Employment Creation Simon Andrean Sudarso; Miftakhul Huda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 1 (2023): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i1.181

Today, many companies use outsourcing workers to support their operations. Of course, these outsourced workers expect legal protection that guarantees their rights. At the end of 2022, the government issued Perpu No. 2 of 2022 concerning Job Creation. In this regard, this research examines the Legal Protection for Outsourcing Workers based on Perpu No. 2 of 2022 concerning Job Creation and the Legal Consequences of Outsourcing Companies That Do Not Meet Applicable Legal Provisions. This research concludes that the form of protection for outsourced workers is contained in Article 81 number 20 of Perpu Number 2 of 2022 concerning Job Creation. Outsourced workers also receive legal protection through the TUPE Principle (Transfer of Undertaking Protection of Employment) and there are legal consequences if the outsourcing company does not comply with applicable legal provisions. The outsourcing company may be subject to criminal and administrative sanctions.

PERTANGGUNGJAWABAN PIDANA KORPORASI PADA PERSEROAN PERSEORANGAN Martin Setiawan; Miftakhul Huda
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Government deregulation through Government Regulation in Lieu of Law No. 2 of 2022 has brought several implications to the business world, especially concerning the establishment of sole proprietorships. As this is a new development in the Indonesian business landscape, issues related to sole proprietorships lack sufficient comparative studies. This research aims to analyze and identify the mechanisms of criminal liability that can be applied to corporations within the context of sole proprietorships. A sole proprietorship is a legal entity with characteristics that combine elements of both corporations and individual ownership. The complexity of corporate criminal liability increases when applied to this legal structure. The implications of applying corporate criminal law to sole proprietorships require further examination due to the unique nature of sole proprietorships compared to regular corporations. The research methodology employed is legal research, utilizing a principled approach to law and utilizing primary and secondary legal sources. Normative data is obtained through an examination of regulations related to corporate criminal liability in sole proprietorships. Empirical data is derived from literature or journals authored by legal practitioners, academics, or corporate representatives. The results of this study reveal that corporate criminal liability within the context of sole proprietorships faces several challenges, including the identification of perpetrators and roles in corporate criminal activities, as well as the determination of proportionate sanctions. This study employs a general overview as one of the methods to draw conclusions. Further comprehensive research is needed to gain a deeper understanding of the complexities involved in the application of criminal liability to corporations within the unique context of sole proprietorships. Keywords : deregulation; corporation; PERPU; sole proprietorship; corporate criminal liability

Comparative Analysis Of The Fulfillment Of Normative Rights For Workers At The Time Of Termination Of Employment Dwany Linca Iswanto; Miftakhul Huda
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5807

This study aims to determine the ratio legis of Law No. 6 of 2023 and the suitability of changes in the fulfillment of normative rights in the event of unilateral termination of employment with the objectives of labor law. This research uses the normative legislative hierarchical research method as one of the research approaches used by the author by examining the legislative regulations that are related to the content of the researched hierarchy. The results of the study show that from several changes to Law No. 6 of 2023 concerning Job Creation in Fulfilling Workers' Normative Rights when Unilateral Termination occurs, it is still not in accordance with the Objectives of Labor Law, because there are still overlapping regulations regarding employment, especially unilateral termination of employment and the stipulation of the Law is considered too fast without going through the Omnibus Law so that it is not coherent with the Objectives of Labor Law and the changes are still based on other laws.

Characteristics Of Sales And Purchase Agreement Of Flats With Pre Project Selling System With Criminal Effect Liliana Sysylia Darmono; Miftakhul Huda
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5812

This research explores the characteristics of apartment sale and purchase agreements with a pre-project selling system which have the potential to give rise to criminal consequences. The pre-project selling system is becoming a trend in the property industry, where property units are sold before the construction project begins. This research discusses how the characteristics of apartment sale and purchase agreements with this system can contribute to the potential for criminal acts to occur. The research method involves analysis of treaty documents, related legislation, and case studies related to criminal law. The research results highlight critical aspects of the agreement, such as unclear clauses, payment of large amounts before the project begins, and uncertainty over the project completion period. Possible criminal legal implications include fraud, embezzlement, or violations of consumer protection laws. Therefore, this research provides an in-depth understanding of the characteristics of apartment sale and purchase agreements with a pre-project selling system and highlights the need for increased regulation and legal protection to protect consumer interests and prevent potential criminal acts in such property transactions.

The Islamic Law Perspective toward Implementation of Post-Divorce Women’s Rights Millah, Widatul; Huda, Miftakhul
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 4, No 2 (2024): April-June 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v4i2.25051

Women's rights after divorce in the provision of iddah maintenance are regulated in Marriage Law No. 1 of 1974 and the Compilation of Islamic Law. The provision of iddah maintenance is divided into two parts, related to the divorce process, namely divorce raj' and divorce bain. In the case of raj’i divorce, the provision of iddah maintenance is clearly regulated that a woman who is divorced raj’i gets the right to iddah maintenance because raj’i divorce causes a wife to have a waiting period before they enter into the next marriage. Meanwhile, iddah maintenance in bain divorce is not regulated in the Compilation of Islamic Law or the Law. This confirms that women who are divorced bain do not get iddah maintenance. However, these provisions contain interpretations and are clarified by several relevant provisions such as PERMA No. 3 of 2017. This paper uses a normative juridical approach, which focuses on the applicable laws and regulations related to post-divorce iddah maintenance with a submission from the woman or post-divorce bain sughra. This study found that first, the provisions regarding iddah alimony whose submission process is carried out by women, contain generality. However, the generality is clarified or specialized by PERMA No. 3 of 2017 in relation to several other provisions, which explain the ex officio rights of a judge. Secondly, the laws and regulations related to iddah alimony that are listed have not yet been fully implemented.

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