Claim Missing Document
Check
Articles

Found 13 Documents
Search

ANALYSIS OF THE DECISION OF THE STATE ADMINISTRATIVE COURT IN DECISION NUMBER: 214/G/2022/PTUN.PLG ON THE DISPUTE OF KONI MANAGEMENT OF MUSI BANYUASIN REGENCY Febriani, Novia; Suatmiati, Sri; Kasra, Helwan
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.5615

Abstract

This research aims to analyze the analytical factors of the decision of the state administrative court in decision Number: 214/G/2022/PTUN.PLG regarding the dispute between Koni administrators of Musi Banyuasin district, and find out what the judge took into consideration regarding the decision letter of the general chairman of KONI of Sumatra Province South Number: 189 Year Number: 214/G/2022/PTUN.PLG. The method used in this research is descriptive normative legal research.Based on the results of the research, the panel of judges is of the opinion that the main issue in this case is the Plaintiff's demand to declare the object of the dispute null or invalid. Pay close attention to the object of the dispute which meets the elements of a state administration decision or government administration decision, because it is a written determination in the form of a decision made. issued by the defendant, namely KONI of South Sumatra Province, which contains state administrative legal action in the form of confirming the personnel composition of the protective board. The judge's basic consideration is that the a quo dispute is a sports dispute, where sports disputes are regulated in the Law on Sports. Keywords : Court Decision, Dispute, Koni Musi Banyuasin Regency
Penegakan Hukum Perkara Tindak Pidana Ringan (Tipiring) dengan Pendekatan Restorative Justice yang Ditolak Pihak Korban di Kepolisian Resor (Polres) Lahat Yusuf, Hambali; Suatmiati, Sri; Ortega, Sega
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i7.829

Abstract

The restorative justice approach (restorative justice) is a breakthrough to realize legal justice that humanizes humans by using conscience which also fights the negative stigma in society, that the law is blunt upwards, but sharp downwards, so that cases that are simple and trivial or light can be resolved outside the court do not need to be submitted to the court. The research problem is how is the law enforcement of minor criminal cases with a restorative justice approach that is rejected by the victim in the Lahat Resort Police and what factors hinder the handling of minor criminal cases with a restorative justice approach at the Lahat Resort Police. The research uses an empirical juridical approach complemented by literature data and the nature of this research is descriptive analytical. The result of the research is in the handling of minor criminal cases with a restorative justice approach at Lahat Police Station carried out as usual according to the Indonesian criminal justice system, namely by preventive action using non-penal means or also repressive action with penal means. For handling tipiring cases, Lahat Police investigators prioritize and prioritize the restorative justice (RJ) approach. However, if the use of the restorative justice approach is rejected by the victim or the perpetrator after the mediation step is attempted in such a way as to be guided by the provisions of Articles 5 and 6 of the Indonesian National Police Regulation Number 8 of 2021, but still fails, then the case file is forwarded to the next stage, namely being submitted to the prosecutor's office. The obstacle factors encountered by the Lahat Police investigating officers include the weak rules regarding restorative justice that are not enough to guarantee legal certainty, because they are still in the form of regulations under the law (legal factors), the lack of understanding of investigating officers regarding restorative justice, where the police still believe that law enforcement must be in accordance with the criminal justice system and the professionalism of investigating officers is still low (apparatus factors) and the lack of understanding, knowledge and understanding of the community about the importance of using restorative justice in resolving tipiring cases (community factors).
Pelaksanaan Perlindungan Hukum Kontrak Kerja Tenaga Kesehatan di Lingkungan Dinas Kesehatan Kota Palembang Desrina, Desrina; Emirzon, Joni; Suatmiati, Sri; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3446

Abstract

The purpose of this paper explains the increase in honorary or contract personnel to support the performance of civil servants, especially in the context of public services in local governments. Public services are closely related to the community, and contract labor plays an important role in realizing maximum service. The focus of this research is on the implementation of employment contracts and legal protection for health workers at the Palembang City Health Office. This research uses normative research methods with a focus on regulations and written legal materials. Data collection techniques are carried out through documentation, involving data collection through documents related to research problems. The document includes primary, secondary, and tertiary legal materials. Data analysis is carried out in depth and comprehensively with an analytical descriptive approach to answer problems in research. The analysis is carried out by considering the variation of data and the basic nature of the data that is not easily quantified, as well as thorough and holistic. The results showed that the work implementation agreement at the Padang Tuesday Health Center was a form of a certain time work agreement, with valid regulations and conditions based on Article 1320 of the Civil Code. However, the laws and regulations on which the legal basis for the appointment of contract workers do not specifically address the legal rights and protections for contract workers, indicating that there are loopholes that must be addressed.