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All Journal JURNAL MAGISTER HUKUM UDAYANA LAW REFORM Pandecta Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) International Journal of Artificial Intelligence Research Jurnal Bina Mulia Hukum Al-Amwal : Journal of Islamic Economic Law International Journal of Supply Chain Management Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Abimanyu: Journal of Community Engagement Yuridika Jurnal Dedikasi Hukum Jurnal Hukum dan Peradilan Realism: Law Review Disable: Law Review
Bagus Oktafian Abrianto
Universitas Airlangga
Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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KARAKTERISTIK PERIZINAN BERUSAHA BERDASARKAN UU NOMOR 6 TAHUN 2023 TENTANG PENETAPAN PERPU NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA MENJADI UNDANG-UNDANG Abrianto, Bagus Oktafian; Putra Nainggolan, Samuel Dharma
Al-Amwal : Journal of Islamic Economic Law Vol. 8 No. 2 (2023): Al-Amwal : JOURNAL OF ISLAMIC ECONOMIC LAW
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/alw.v8i2.4159

Abstract

Licensing is a spirit of administrative law that studies law in a moving state. Licensing is required for the running of a government, both central government and regional government. Based on the principle of decentralization, regional governments are allowed to regulate their own areas and for this reason permits are issued by the regional government. In practice, there is a lot of overlapping and overlapping regarding licensing between the central government and regional governments both in terms of substance and technical implementation in each existing Regional Work Unit (SKPD), the enactment of Law Number 6 of 2023 concerning the Determination of Replacement Government Regulations Law Number 2 of 2022 concerning Job Creation Becomes a Law changing the licensing constellation in Indonesia. In the area licensing is attempted to be carried out through a service system implemented by Online Single Submission (OSS) and One Stop Integrated Service (PTSPP), both of which must be integrated with OSS. Licensing services in areas that are integrated with or PTSP are the focus of this research study. This research is normative legal research that uses a statutory approach and a conceptual approach that will be used to answer existing legal issues.
Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020 Abrianto, Bagus Oktafian; Nugraha, Xavier; Hartono, Julienna; Kosuma, Indah Permatasari
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.5

Abstract

This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.
PENAL MEDIATION BY POLICE INSTITUTION IN HANDLING HATE SPEECH THROUGH ELECTRONIC MEDIA: A LEGAL EFFORTS TO RESOLVE WITH A RESTORATIVE JUSTICE APPROACH Toni Harmanto; Bagus Oktafian Abrianto; Xavier Nugraha
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : Universitas Dharma Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (196.696 KB) | DOI: 10.29099/ijair.v6i1.388

Abstract

In the era of the industrial revolution 4.0 which caused the information to be easily spread, it turned out to have a bad impact, which led to the birth of the post-truth era. The post-truth era is an era in which objective facts become blurred because of broad public opinion. This makes it easy to spread hooks and expressions of hatred in society. The high perpetrators of hoax distribution and expressions of hatred make a legal solution needed that not only focuses on the deterrent effect for the perpetrators but the recovery of the community in its original condition. To restore the community's condition to its original condition, a restorative justice approach is used, one of which is through mediation by the police. This article will discuss, firstly related to the concept of mediation of penalties by the police in Indonesia and secondly it will discuss the approach of mediation of penalties by the Indonesian police in the handling of criminal acts of hate speech in electronicmedia. This article is a legal article that uses a statute approach, conceptual approach, and case approach. Based on the analysis in this article, it was found first the police nowdasy have an authority to solve the problem with restorative justice secondly that the first approach that pollice need to use in handling hate speech is by mediating in order to realize restorative justice by police agencies in Indonesia.
A Chance to Defend Regional Heads in The Procedure of Regional Head Dismissal as A Manifestation of The Proportionality Principle Mohammad Syaiful Aris; Iqbal Fauzurrahman; Bagus Oktafian Abrianto; Xavier Nugraha; Stefania Arshanty Felicia
Jurnal Hukum dan Peradilan Vol 12 No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.241-266

Abstract

The existence of regional autonomy in Indonesia is implemented through regional leaders who have the authority to run local government. When carrying out their duties, regional leaders are supervised by other state institutions as a form of checks and balances in government power. Hence, the procedure to dismiss regional leaders regulates to involve the Regional People's Representative Assembly, the Supreme Court, and the President through the Minister of Home Affairs as a form of right to dismiss. However, the existence of the proportionality principle in the procedure to dismiss regional leaders, through the right given to regional leaders to defend themselves, has yet to be regulated in the law. This article talks about two things: first, the procedure to dismiss regional leaders, and second, the legal consequences and the position of a chance to summon regional leaders to explain and defend themselves in the procedure to dismiss regional leaders. This article aims to find the importance of proportionality principles in the procedure to dismiss regional leaders. The method used in this article is legal research, with statutes, conceptual, and case approaches. The results of this research show that although the procedure to dismiss regional leaders has been regulated in law, applying the proportionality principle only exists in jurisprudences. Hence, an ius constituendum is needed to determine legal consequences and certainty regarding the procedure to dismiss regional leaders.
Privacy Protection Against Forced Wirebreaking Attempt by Law Enforcement Officials Bagus Oktafian Abrianto; Dharma Setiawan Negara; Samuel Dharma Putra Nainggolan; Vivi Ayudya Permatasari
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.99

Abstract

The law permits coercive measures in law enforcement, one of which is telephone tapping. Initially, telephone tapping was closely linked to the protection of privacy as a human right; however, such protection can be limited when necessary and is regulated by law. In Indonesia, regulations governing telephone tapping remain fragmented, as several law enforcement agencies authorized to conduct telephone tapping regulate the mechanism independently through different legal frameworks. This situation has the potential to create legal uncertainty and raise concerns about the protection of citizens' privacy rights. This study uses normative legal research with a legal and conceptual approach. This study aims to analyze the authority of several state institutions to conduct telephone tapping and to examine the mechanisms governing telephone tapping to ensure the protection of the right to privacy as a human right in the law enforcement process
Challenging the “Half-Hearted” Fulfillment of the Rights of Workers with Disabilities Bagus Oktafian Abrianto; Hezron Sabar Rotua Tinambunan
Disable Vol. 1 No. 1 (2025): Disable: Law Review
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/dlr.v1i1.45076

Abstract

This study finds that there is a persistent legal conflict and regulatory disharmony between national provisions on disability employment quotas and their implementation at the company level. Empirical evidence shows that many companies fail to meet the quota obligation due to the absence of qualified applicants with disabilities, unprepared workplace environments, and the lack of operational technical guidelines. Furthermore, the absence of explicit sanctions in existing regulations creates legal uncertainty and weakens enforcement. Using a normative legal method with a statute and conceptual approach, this research analyzes the relevant legal framework and constructs arguments based on legal principles and theories in labor law concerning the rights of persons with disabilities. The study reveals that the current regulatory framework lacks integrated monitoring mechanisms, measurable evaluation indicators, and clear administrative sanctions, while also failing to provide incentives that could encourage compliance. The novelty of this research lies in offering a combined legal and policy framework that bridges the gap between normative provisions and practical implementation, supported by recommendations for detailed technical guidelines, accessibility audits, and structured incentive schemes. These findings contribute to strengthening inclusive labor policies in Indonesia, ensuring that the principle of inclusivity becomes a measurable and enforceable standard rather than a rhetorical aspiration.
Co-Authors Aditya, Kukuh Leksono Ave Maria Frisa K Deddy Sutrisno Dharma Setiawan Negara Faizal Kurniawan Farid Ibrahim Fikri, Muhammad Azharuddin Ghansam Anand Ghansam Anand, Ghansam Hari Sugiharto Hartono, Julienna Hezron Sabar Rotua Tinambunan hezron sabar rotua tinambunan Indrawati Iqbal Fauzurrahman Kosuma, Indah Permatasari Kukuh Leksono S. Aditya M. Syaiful Aris Mohammad Syaiful Aris Nahdyan, Auly Nainggolan, Samuel Dharma Putra Nathanael Grady Nugraha, Xavier Prawitra Thalib Ramadhanti, Syifa Risdiana Izzaty Sri Hajati Sri Winarsi Stefania Arshanty Felicia Suparto Wijoyo Syifa Ramadhanti Toni Harmanto Urip Santoso Vivi Ayudya Permatasari Wilda Prihatiningtyas