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All Journal PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat Devotion: Journal of Research and Community Service Sultan Agung Notary Law Review Indonesian Journal of Multidisciplinary Science Journal Of World Science Jurnal Ekonomi, Teknologi dan Bisnis Jurnal Penelitian Hukum Indonesia (J-PeHI) International Journal of Law Social Sciences and Management Cognitionis Civitatis et Politicae
Hono Sejati, Hono
Unknown Affiliation
Agriculture, Biological Sciences & Forestry Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Mechanical Engineering Public Health Social Sciences

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Legal Dilemma of Using Diplomas as Collateral in Employment Relationships Rinaldi, Rifo; Sejati, Hono; Susilowati, Tri
Journal of World Science Vol. 3 No. 11 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i11.1234

Abstract

The concern in Indonesia is that explicit regulations addressing this issue still need to be improved. This study aims to analyze the legal dilemmas surrounding diploma retention, identify weaknesses in current regulations, and propose solutions to protect employee rights. Using a normative juridical approach, this research employs statutory and conceptual methodologies. Data were collected through document analysis of legal statutes, employment agreements, and relevant legal literature. The findings indicate that ambiguity in regulatory frameworks concerning legal sanctions leads to repeated violations and construction failures.  The findings reveal that diploma retention as collateral needs a solid legal foundation, creating an imbalance of power that disadvantages employees. The study highlights the novelty of examining diplomas as collateral within the broader principles of collateral law, offering new perspectives on their inapplicability as valid collateral objects. By proposing clear regulatory frameworks and alternative approaches, such as proportional penalties, the study contributes to safeguarding workers’ rights while addressing employers' concerns. These findings aim to promote fairness and legal certainty in employment practices.
Urgency of Implementing Article 1365 of the Civil Code in Addressing Tortious Conduct in Electronic Transactions in Indonesia Siregar, Ahmad Rizky; Suryandari, Wieke Dewi; Sejati, Hono
Journal of World Science Vol. 3 No. 11 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i11.1235

Abstract

The rapid growth of electronic transactions has introduced new challenges, particularly concerning tortious conduct and the legal framework governing these interactions. In an increasingly digital era, electronic transactions have become a primary medium for commerce and business interactions, yet issues such as fraud and personal data violations have become more prevalent. Article 1365 provides a legal basis for individuals or entities suffering damages to file claims for compensation. This study examines the urgency of implementing Article 1365 of the Civil Code in addressing tortious conduct within electronic transactions in Indonesia. The objective is to analyze the applicability, limitations, and potential reforms needed to adapt Article 1365 to the digital context. A normative legal research method was employed, utilizing a statute and conceptual approach. Data were collected by analyzing legislative texts, legal literature, and case law. Data analysis involved qualitative content analysis to identify gaps and propose solutions. The findings reveal that Article 1365 provides a strong foundation for addressing tortious conduct, but its application in electronic transactions remains ambiguous, particularly regarding evidence collection and the definition of harm. This research introduces a novel perspective by emphasizing the necessity for specific regulations and institutional reforms to enhance legal certainty and address the unique challenges posed by electronic transactions. These recommendations aim to protect consumer rights, ensure fair business practices, and foster trust in Indonesia’s digital economy.
Legal gap in legal protection for aggrieved parties at the precontractual stage Banaba, Hendra; Susilowati, Tri; Sejati, Hono
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1028

Abstract

This research explores the legal gaps and ambiguities surrounding the principle of good faith in pre-contractual stages, as outlined in Article 1338 paragraph (3) of the Indonesian Civil Code (KUHPerdata). While the principle of good faith is foundational in contract law, its unclear application during negotiations has led to legal uncertainty, potentially disadvantaging parties acting honestly and transparently. The study highlights the need for robust legal frameworks to protect parties from unfair practices and fraudulent actions during the negotiation process. Employing a normative legal research method, the analysis identifies inadequacies in existing regulations and proposes practical reforms, including clearer legal doctrines and amendments to the Civil Code. The findings underscore the importance of good faith at all stages of contractual agreements to foster transparency, fairness, and trust in business relationships, while minimizing disputes and enhancing market integrity. Recommendations for future research include comparative studies on international good faith practices, sector-specific applications, and the integration of technological tools to enforce accountability in pre-contractual negotiations. This work contributes to the development of sustainable and equitable business practices within Indonesian law.
Legal Uncertainty Regarding Dual Certifications in Agrarian Law in Indonesia Dewi Suryandari, Wieke; Sejati, Hono
International Journal of Law Social Sciences and Management Vol. 1 No. 4 (2024): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v1i4.59

Abstract

Legal uncertainty regarding dual certificates in agrarian law in Indonesia is a significant problem that has the potential to cause prolonged land disputes. Dual certificates can arise due to inconsistencies in the land registration system, officers' negligence, applicants' negative intentions, and invalid administration. It creates uncertainty regarding ownership rights and reduces public trust in the land system. This study aims to analyze the legal uncertainty arising from dual certificates and their implications for legal certainty in agrarian law in Indonesia. In addition, this study also examines efforts that can be made to create legal certainty regarding dual certificates through improvements in the land registration system and the application of stricter legal principles. The research method used is normative juridical with a statutory approach and a conceptual approach. This study is expected to provide a deeper understanding of the problem of legal uncertainty related to dual certificates and solutions that can be applied to overcome this problem in agrarian law in Indonesia.
Strengthening the Supervision Authority of Election Socialization through Collaboration Between KPU, Bawaslu, and Regional Governments Setiawan, Derry; Sejati, Hono; Zaini, Naya Amin
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1638

Abstract

The background of this study focuses on the challenges faced by the Election Supervisory Body (Bawaslu) in supervising election socialization, including limitations in human resources, insufficient funding, and inadequate infrastructure. Effective supervision of election socialization is crucial for ensuring voter awareness, understanding their rights and responsibilities, and fostering public participation in the electoral process. The aim of this study is to strengthen Bawaslu's supervisory authority through a collaborative approach involving the General Election Commission (KPU) and regional governments. Collaboration among these institutions is expected to address challenges and enhance the effectiveness of election socialization efforts. This study employs a qualitative research method to analyze existing collaborative practices and identify strategies for improving Bawaslu's authority and performance in supervising election socialization in Indonesia. The results indicate that collaborative efforts can create better synergy between Bawaslu, KPU, and regional governments, leading to improved supervision quality and increased public engagement in the electoral process. In conclusion, collaboration is a key strategy for addressing resource limitations and ensuring effective election socialization supervision. Strengthening Bawaslu's authority requires continuous support and engagement from all stakeholders.
Co-Authors Achmad Affandi Ahmad Khoiri Amin Zaini, Naya Aprilia, Rennanti Lunnadiyah Apriyani, Ida Banaba, Hendra Eka Handriani Eko Priyanto Farida, Any Heru Irianto Irfan Rizky Hutomo Lamijan Lamijan, Lamijan Lilik Warsito Maemunah, Titi Marfu'atun, Dika Ratu Marfu’atun, Dika Ratu Nurlaili Dina Hafni Raharjo, Pujianto Tri Rinaldi, Rifo Risdianto Hermawan Salim, Alikhan Satibi, Imam SD, Tb. Soenmandjaja Setiawan, Derry Siregar, Ahmad Rizky Sukawi, Zaenal Sutomo Sutomo Tri Susilowati Umami, Anni Shanty Wieke Dewi Suryandari Yogi Ageng Sri Legowo Zaini, Naya Amin