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All Journal Jurnal Penelitian Hukum Legalitas Jurnal Riset Ilmiah Corpus Juris : Jurnal Ilmu Hukum
Gatut Hendro Tri Widodo
Universitas Jayabaya
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Perlindungan Hukum Hak Awak Kapal Dalam Pelaksanaan Perjanjian Kerja Laut Thomas Narpati Hendrawan; Achmad Fitrian; Gatut Hendro Tri Widodo
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.261

Abstract

The shipping sector is one of the vital sectors in the transportation of people and goods, so in the implementation of shipping activities, workers who work on ships are called as Ship's Crew (ABK). According to Law Number 17 of 2008 on Shipping, crew members are ship’s crew members other than masters, what is meant by crew members are people who work or are employed on a ship by the ship’s owner or operator of the ship to carry out tasks on board according to their position listed in the seafarer’s book (monsterrol). Problems related to legal protection of the rights of crew members in implementing seafarer employment agreements are mostly disputes about termination while the employer does not provide severance pay due to the legal principle that applies to seafarer employment agreements is referring to specific legal principle, namely lex specialis derogate lex generalis. The results of the study show that the legal basis for making maritime labor agreements in principle refers to Book II Chapter 4 of the Indonesian Commercial Code concerning Seafarer Employment Agreements. Nevertheless, the provisions of seafarer employment agreements in the Indonesian Commercial Code refer further to the provisions of employment agreements in Chapter 7A Book III of the Indonesian Civil Code, furthermore, in the procedure for seafarer employment agreement, seafarer employment agreements must fulfil legal requirements such as work agreements in general, but there is a slight difference in that work agreements generally only have two subjects involved in a work agreement. In the making of a seafarer employment agreements between the employer and the ship's crew must be made before the Syahbandar and legal protection for the crew is regulated in the seafarer employment agreements where the Government Regulation on the Seamanship that the seafarer employment agreements requires minimum wages, leave, welfare, safety and other than that, if there is an industrial relations dispute, it can resolve through the bipartite and tripartite phase.
KEPASTIAN HUKUM MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN harmaein harmaein; Khalimi Khalimi; Gatut Hendro Tri Widodo
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2124

Abstract

This research is motivated by the existence of legal provisions governing corporate social responsibility (CSR), which are expected to contribute to sustainable development, yet in practice various irregularities remain prevalent, including the misuse of CSR funds by several major corporations. The issues examined concern the legal framework of CSR under Law Number 40 of 2007 on Limited Liability Companies and the extent to which legal certainty is ensured in its implementation to achieve sustainable development. The purpose of this study is to analyze the legal construction of CSR and to evaluate its effectiveness and legal certainty in supporting sustainable economic, social, and environmental development. The theoretical foundations employed are the theory of legal certainty and responsive law theory. This research employs a normative legal methodology using the statutory approach, the case approach, and the comparative approach. The data sources consist of primary legal materials such as statutes and government regulations, secondary legal materials including literature, journals, and expert opinions, and tertiary legal materials such as dictionaries and information media. Data were collected through library research, while analysis was carried out using grammatical and systematic interpretation to assess the consistency of CSR provisions with the concept of legal certainty and their implementation in practice. The results of the study indicate that, normatively, the regulation of CSR in Indonesia has a clear legal basis through Law Number 40 of 2007 and Government Regulation Number 47 of 2012. However, the legal certainty of its implementation remains suboptimal due to normative ambiguities, particularly regarding budgeting mechanisms, standards of propriety and reasonableness, and sanctions for companies that fail to implement CSR. Cases of CSR misappropriation further demonstrate weaknesses in oversight and inconsistent enforcement. This research concludes that to realize sustainable development, regulatory strengthening, enhanced transparency, and more effective supervisory mechanisms for CSR implementation are required.
PERLINDUNGAN HUKUM KONSUMEN KREDIT DALAM SKEMA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DI INDONESIA Juli Sautman Simbolon; Achmad Fitrian; Gatut Hendro Tri Widodo
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 6 (2026): SINERGI : Jurnal Riset Ilmiah, Juni 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i6.2585

Abstract

This study is motivated by the legal position of credit consumers within the mechanism of Suspension of Debt Payment Obligations (PKPU), which normatively treats them identically to other debtors or creditors without specific recognition of their potentially vulnerable economic and structural position. As a collective legal mechanism, PKPU primarily emphasizes procedural certainty and efficiency in debt settlement, often subordinating the individual interests of credit consumers, particularly when they are classified as concurrent creditors who bear the greatest financial risk.  This research employs a normative legal research method using statutory, conceptual, and case approaches. The analysis is based on primary legal materials, namely Law Number 37 of 2004 concerning Bankruptcy and PKPU, supported by secondary legal materials such as legal doctrines and scholarly literature on bankruptcy law, as well as tertiary legal materials. The data were analyzed qualitatively to examine the normative construction of PKPU and its implications for the legal protection of credit consumers.  The findings indicate that the legal position of credit consumers in PKPU has not been adequately protected due to the absence of affirmative legal norms that distinguish them from other creditors. Existing legal protections, both preventive and repressive, remain largely procedural, formalistic, and reactive, thereby failing to ensure substantive justice for credit consumers. Accordingly, this study highlights the necessity of reforming PKPU regulations to incorporate specific legal protections for credit consumers in order to achieve a balanced integration of legal certainty and substantive justice
Co-Authors Achmad Fitrian harmaein harmaein Juli Sautman Simbolon Khalimi Khalimi Thomas Narpati Hendrawan