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MODEL PENYELESAIAN SENGKETA PEMUTUSAN HUBUNGAN KERJA (PHK) DI INDONESIA Jamillah, Jamillah
Jurnal Ilmiah Penegakan Hukum Vol 2, No 2 (2015): Jurnal Ilmiah Penegakan Hukum Desember
Publisher : Universitas Medan Area

One labour disputes according to Law 2 of 2004 on industrial relations disputesettlement in lieu of Law 22 of 1957 on the settlement of labor disputes is the terminationof employment. birth of Law 2 of 2004 was originally expected to bring fresh air to lawenforcement, because of the existence of this law passing guarantee the existence of a ruleof law, especially in the resolution of labor disputes through this legislation in theoryenough within 110 days of the trial has been completed to the industrial relations to thesupreme Court. but in practice is not in accordance with the theory, and the fact that thislabor dispute could take 5 to 6 years, this means that there is no difference with the oldrules

Legal Analysis Of Successor Heirs In Positive Law And Islamic Law Jamillah, Jamillah
International Asia Of Law and Money Laundering (IAML) Vol. 2 No. 4 (2023): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v2i4.74

This study is intended to find out more in the provisions in the compilation of Islamic law and Civil Law, on the status successor heirs. Because there is a slight difference, if in BW replacement is no limit, then in KHI explained that this replacement only comes to grandchildren course, therefore there is a contradiction between the provisions of the expert successor inheritance in the compilation of Islamic law with Civil Law (BW). The study was conducted qualitatively using the juridical-normative approach. Approach normative done by researching library materials includes research on the principles of law, Systematics law, comparative law and legal history. The Data obtained by the documentation technique is then performed inductive analysis, where after the data collected then the next step is to analyze the data that is a way to search and systematically organize records of results interviews, observations and more. The results of this study can be explained that the law of inheritance according to the compilation of slam law stated that grandchildren have the right to replace the position his parents died before heir, although the share of grandchildren is not always as big his parents. The share of grandchildren should not exceed the share other heirs equal to the one he replaced. As for provisions in the law of inheritance according to civil law that not only grandchildren have the right to take the place of people the old man who died but also a nephew and also siblings can be replaced by his children.

The Position of the Marriage Covenant in Positive Law and Islamic Law Jamillah, Jamillah
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 1 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i1.79

This study was to determine and analyze the position and legal consequences of marriage agreements in positive law in Indonesia the method of this study is normative jurisprudence that examines the legal regulations through a literature study which is then analyzed and described in the results of research the results of the study revealed that the agreement made before marriage has a position that the, and KompilasiHukum Islam, this marriage agreement is made for the sake of legal protection of the property of each, husband or wife.As a result of the law of the marriage agreement on marital property, the togetherness of marital property is limited in accordance with the marriage agreement, in addition to the existence of legal protection against the ownership of property in marriage for the husband or wife, the marriage agreement must not violate or conflict with public order, morality, law and religion. The marriage contract is valid at the time or since the marriage took place. The agreement in principle should not be changed after the marriage took place.

The Government's Role in Public Services regarding Information Disclosure on Electronic KTP Recording at the Medan Baru District Office Lubis, Fachrizaly; Jamillah, Jamillah; Syaputra, Muhammad Yusrizal Adi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.1672

Public services are services provided by the government as state administrators to the community, Electronic KTP is a population document containing a security / control system from both the administrative and information technology side based on the national population database. The type of research used is normative juridical and the nature of the research used is descriptive analytical. The data collection technique used 2 (two) methods, namely library research and field research. Data analysis was carried out qualitatively. The results of research in 2011 the population of Medan Baru Subdistrict is estimated to have reached 57,962 people, the management of KTP is recorded and documented in a special agenda book of Electronic KTP, it is absolutely necessary to have valid population data and already have a NIK and photo recording, signature, fingerprint, and population iris, the results of the discussion of Law Number 24 of 2013 in Article 1 number 21 concerning the population administration information system, the government provides data verification services, photo recording, signatures, fingerprints and iris of the population at the Electronic KTP service place, lack of blanks from central government, lack of clear information for the public and limited Electronic KTP security tools, in conclusion, Electronic KTP contains a security code and electronic records as a means of verification and validation of a person's identity data.

Alternative Dispute Resolution In Cyber Dispute Resolution With Mediation Techniques Jamillah, Jamillah; Maswandi, Maswandi
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1289

Introduction: Law enforcement and protection for cyber cases is focused on the protection of cyber victims consisting of physical or psychological violence, retaliation, humiliation, and mistreatment of people who commit cyber crimes, the sophistication of the media makes people often involved with cyber crimes. Where the focus of this paper discusses alternative cyber dispute resolution.Purposes of the Research: The purpose of this study is to explain the concept of cyber dispute resolution by using mediation as an option.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Cyber dispute resolution, cyber crimes that can be done anywhere, even with the sophistication of technology today is possible for a criminal to use equipment that allows difficult or even untraceable places about where the crime was committed so that the first step in alternative dispute resolution is using persuasive ways with mediation mechanisms and then further, improving the quality of law enforcement in, make the law as the basis in every action in order to create equality before the law and the rule of law.

The Power of Proof In Victims of Sexsual Abuse Maswandi, Maswandi; Jamillah, Jamillah; Sitompul, Ariman
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.988

Introduction: Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence.Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.

Advocate Immunity Is Active When Integrity In The Exercise Of The Profession Jamillah, Jamillah; Maswandi, Maswandi
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3722

n the practice of law enforcement, many advocates who abuse the right of immunity of this profession and similarly in contrast, many other law enforcers do not understand the rightof Advocate immunity. This right of immunity will be strong if an advocate carries out hisprofession in line with his integrity. The results concluded that the application of the rightof immunity is successful if between law enforcement agencies work in accordance with thedignity of the law and each legal actor maintains professionalism according to the code ofethics and adheres to the principle of good faith to uphold the law and justice to benefit thewider community and the right of immunityKeywords: Immunity, Law, Integrity

Analisis Butir, Pilihan, dan Reliabilitas Tes Prestasi Bahasa Inggris selama Covid-19 zakiyah, Zakiyah; Jamillah, Jamillah
JURNAL PENDIDIKAN Vol 30 No 3 (2021): November
Publisher : Universitas Veteran Bangun Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32585/jp.v30i3.1911

Tujuan dari penelitian ini adalah untuk mengungkap karakteristik ulangan bahasa Inggris semester dua siswa kelas VIII SMPN 2 Semarang tahun ajaran 2017/2018. Ciri-cirinya adalah kesukaran soal, pembedaan soal, alternatif berupa kunci jawaban dan pengecoh, dan reliabilitas. Penelitian ini menggunakan pendekatan deskriptif kuantitatif untuk mengungkap karakteristik tes. Teknik analisis data menggunakan iteman versi 3.00. Data diperoleh dari wawancara dan dokumen. Hasil penelitian menunjukkan bahwa: (1) Soal kesukaran item mencapai 23 item (57,5%) kategori mudah, 12 item (30%) kategori sedang, 5 item (12,5%) kategori sulit. (2) Diskriminasi item mencapai 9 item (22,5%) yang termasuk kategori buruk, 9 item (22,5%) kategori cukup, 17 item (42,5%) kategori baik, 5 item (12,5%) kategori sangat baik. (3) Berdasarkan alternatif, tes memiliki 65 pengecoh tidak efektif dan 55 pengecoh efektif. Soal yang memiliki semua pengecoh efektif hanya 7 butir. Untuk kunci jawaban terdapat 2 kunci jawaban dari 40 kunci jawaban yang harus di cross check. Yaitu soal nomor 3 dan soal nomor 38. (4) Reliabilitas tes adalah 0,717.

Islamic criminal law: A Comparison Of its Application in Indonesia and Other Countries Maswandi, Maswandi; Jamillah, Jamillah; Duha, Junindra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4213

The crucial issue in grounding Islamic criminal law is that there are still many Islamic criminal law terms that use Arabic terms and Arabic backgrounds, so that Islamic criminal law is only considered to fit the Arabic context. And in Islamic law criminal law is called jinayah which is defined as actions prohibited by shara' which are threatened by Allah SWT with jarimah (punishment) hudud, qishas and diat or ta'zir, in other words, doing or not doing is only considered a criminal offense if a penalty has been determined and threatened against it. The type of research used is qualitative research with comparative descriptive method. The data collection technique in this research is the literature method, which traces the existing literature and carefully examines the data related to the issues discussed. The results of this study are the criminal laws of Indonesia, Malaysia and Brunei Darussalam as regulated in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013 have similarities and differences in terms of determining a criminal act of adultery. When viewed in terms of the definition of adultery in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013, both are not contrary to the provisions of jinayah fiqh. All three have similarities in determining the elements of a criminal act of adultery, namely the element without a legal marriage bond is one of the elements that determine an act of adultery, because if the relationship is based on a legal marriage then automatically the conditions in a marriage have been fulfilled and the relationship is a permissible act

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