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All Journal MEDIA HUKUM "MEDIA KOMUNIKASI HUKUM" Jurnal SOLMA DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Kosmik Hukum Jurnal Abdimas PHB : Jurnal Pengabdian Masyarakat Progresif Humanis Brainstorming Pena Justisia: Media Komunikasi dan Kajian Hukum Legalitas: Jurnal Hukum Ihsan: Jurnal Pengabdian Masyarakat Randwick International of Social Science Journal International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum Law Development Journal Proceeding International Seminar of Islamic Studies Qonun Jurnal Hukum Islam dan Perundang-Undangan DIKTUM: JURNAL SYARIAH DAN HUKUM International Journal of Economic, Technology and Social Sciences (Injects) Azkayra: Jurnal Pengabdian Masyarakat dan Sosial Jurnal Penelitian Hukum De Jure
Ida Hanifah
Universitas Muhammadiyah Sumatera Utara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Mathematics Mechanical Engineering Physics Public Health Social Sciences Other

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Konsep Pengaturan Upah Minimum Dalam Peraturan Perundang-undangan Ditinjau Dari Prinsip Keadilan Rachmad Abduh; Ida Hanifah; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4412

Abstract

Peraturan perundang-undangan dalam bidang ketenagakerjaan telah membawa perubahan mendasar dalam hal menjadikan sifat hukum ketenagakerjaan menjadi ganda yaitu sifat privat dan publik. Sifat prifat melekat pada prinsip dasar adanya hubungan kerja yang ditandai dengan adanya hubungan perjanjian kerja antara pekerja dengan pemberi kerja, sedangkan sifat hukum publik dilihat dari adanya sanksi pidana, sanksi administratif bagi pelanggar ketentuan dibidang ketenagakerjaan dan ikut campur tangan pemerintah dalam menetapkan besarnya standar upah. Fenomena yang dialami oleh pekerja adalah upah yang diterima tidak sebanding dengan biaya hidup, tingginya biaya hidup membuat pekerja jauh dari kata sejahtera. Tuntutan kerja dinilai tidak sebanding dengan upah yang diterima. Sehingga jauh dari konsep keadilan. Metode yang digunakan dalam pemelitian ini menggunakan jenis penelitian normatif. Metode Penelitian hukum normatif merupakan penelitian yang  meletakan hukum sebagai sebuah bangunan sistem norma
RECONSTRUCTION OF CRIMINAL SANCTIONS FOR PERPETRATORS OF BUSINESS CRIMES Doni Hendra Lubis; Ida Hanifah; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.5037

Abstract

The development of criminal liability in Law Number 1 of 2023 concerning the Criminal Code differentiates in detail the form of liability for individual legal subjects with legal entities. The regulation specifically for criminal liability for legal subjects in the form of legal entities (corporations) is contained in paragraph 3 of Article 45 to Article 50 of Law Number 1 of 2023 concerning the Criminal Code. As the principle of the case before the law, the new Criminal Code in terms of law enforcement against legal subjects in the form of corporations also adheres to the reasons for the elimination of criminal penalties (justification and excuse) as contained in Article 50 which states that in essence justification and excuse apply in the corporate criminal liability system as long as the reasons are directly related to the criminal act being prosecuted
Implementation of the Business Judgement Rule Doctrine as Legal Protection for Directors in Realizing Good Governance of Regionally-Owned Enterprises Hamzar Nodi; Ramlan Ramlan; Ida Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5124

Abstract

The form of BUMD governance as a regional company as regulated in UUPD and PPBUMD consists of Regional Public Companies (Perumda) and Regional Limited Companies (Perseroda). The establishment of Perumda is in the form of regional regulations based on regional needs and the feasibility of the business field of the Perumda to be formed. Perumda is a BUMD whose entire capital is owned by one region only and is not in the form of shares. One of the important organs in a company is the board of directors. The board of directors who control the company in daily activities has the authority to determine policies in carrying out its powers and obligations in managing the company must have good intentions, be responsible, have integrity, be honest, and be highly dedicated to advancing and developing the company. The board of directors is fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. The board of directors can take or carry out actions to facilitate his duties as long as it is within the scope of his duties and obligations and does not conflict with customs, fairness, and propriety. Implementation of the business judgment rule (BJR) doctrine as a form of protection given to directors in carrying out their duties and responsibilities in running the company. Business decisions or actions taken by directors are intended to manage the company professionally according to their expertise to generate profits for the company, even though there are risks from these decisions and actions that can cause losses for the company
The Importance of Mediators' Recommendations After the Failure of Fair Industrial Relations Dispute Mediation, in Realizing the Resolution of Industrial Relations Disputes Quickly, Precisely, Fairly and Cheaply Nicholas Sutrisman; Ida Hanifah; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6246

Abstract

This study discusses the importance of mediator recommendations after the failure of fair industrial relations dispute mediation, in realizing a quick, appropriate, fair and inexpensive resolution. Mediation of industrial relations disputes led by an industrial relations mediator is one of the alternative options for resolving industrial relations disputes after the failure of bipartite negotiations, which is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. However, in practice, the recommendations of industrial relations mediators are not always effective and are often ignored by the disputing parties. This has raised debate regarding the role and effectiveness of mediators in encouraging settlement through non-litigation channels before going to the Industrial Relations Court. This study uses a juridical-normative approach by analyzing laws and regulations related to mediation and settlement of industrial relations disputes. In addition, this study also explores the written recommendations of mediators in carrying out their functions, as well as the responses of the parties involved in the dispute to the written recommendations provided by the industrial relations mediator. The results of the study show that although the mediator's recommendations are non-binding, the mediator's role remains important in the initial resolution process. It is necessary to strengthen regulations and the role of mediators to increase compliance of the disputing parties, in order to reduce the burden of cases in industrial relations courts and encourage fast, appropriate, fair and inexpensive conflict resolution.
The Concept of Restitution as Legal Accountability in the Crime of Human Trafficking Rajarif Syah Akbar Simatupang; Ida Hanifah; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6444

Abstract

Indonesia as a country that has problems in human trafficking, not only functions as a country of origin (source) and transit point for international human trafficking, but also as a country that receives victims. The increasing number of workers that is not accompanied by the availability of employment opportunities is a very complex problem to overcome. This research is a normative legal research, namely a legal study that positions law as a structured norm system. In Indonesian legal regulations, it has been regulated in Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking related to legal accountability for criminal acts of human trafficking. This law also regulates the rights of victims to receive medical and social rehabilitation, repatriation, and reintegration that must be provided by the state, especially for those who experience physical, psychological, and social suffering due to the crime of human trafficking. Restitution prioritizes the perpetrator's responsibility for the impacts caused by the crime. Therefore, the main target is to handle all losses experienced by the victim.
Judicial Reasoning in Rendering Criminal Convictions Under Provisions Beyond the Public Prosecutor's Indictment in Narcotics Cases: A Juridical Analysis of the Supreme Court Decision No. 6087 K/Pid.Sus/2024 Freshly Newman Silalahi; Ida Hanifah; Mhd. Teguh Syuhada Lubis
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 2 (2025): October 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i2.1650

Abstract

This study examines the juridical issue concerning the authority of judges to render criminal convictions by applying legal provisions that were not included in the public prosecutor’s indictment, particularly in narcotics-related criminal cases. Under the principle of litis contestatio, the indictment serves as a fundamental limitation on the scope of judicial examination and adjudication. However, in practice, the Supreme Court Decision No. 6087 K/Pid.Sus/2024 demonstrates a legal anomaly in which the panel of cassation judges found the defendant guilty under Article 127 Paragraph (1) Letter a of Law No. 35 of 2009 on Narcotics, despite the fact that this provision was not included in the prosecutor’s indictment, which was structured as a hierarchical subsidiary indictment under Articles 114 and 112 of the Narcotics Law. This normative legal research employs both a statutory approach and a case approach. The analysis reveals that convictions rendered beyond the scope of the indictment are inconsistent with the principle of legal certainty as embodied in Article 191 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) (or Article 244 Paragraph (2) of the New Criminal Procedure Code), under which the complete failure to prove the charges must result in an acquittal (vrijspraak). The legal implications of such deviation include the dysfunction of the indictment as a procedural instrument, the violation of the defendant’s right to defense, the potential abuse of judicial authority (ultra vires), and the erosion of public trust in the criminal justice system. The judges’ reasoning, which relied solely on the facts established during trial, disregarded both the attributed authority of the judiciary and the normative limitations imposed by criminal procedural law.
PERLINDUNGAN HUKUM ATAS KEKAYAAN INTELEKTUAL PERSPEKTIF HUKUM ISLAM Ismail Koto; Ida Hanifah; Surya Perdana; Tarmizi; Ida Nadirah
Jurnal Yuridis Vol 10 No 2 (2023): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v10i2.7142

Abstract

Rights known as intellectual property (IPR) are rights that result from human thought and produce a product or process that is beneficial to human life. In Indonesia, there are various intellectual property rights that apply, including: As one of the countries that ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), Indonesia has a basic legal framework for these types of intellectual property rights. Each intellectual property right is governed by its own laws. Research cannot be said to be research if it does not have a research method. The research method is a process of collecting and analyzing data carried out systematically, to achieve certain goals. Data collection and analysis is carried out naturally, both quantitatively and qualitatively, experimentally and non-experimentally, interactively and non-interactively. The research method used is normative juridical research, namely legal research carried out by reviewing library materials or secondary data. In qualitative research, the process of obtaining data in accordance with the research objectives or problems is studied in depth and with a holistic approach. Indonesia is a country with many ethnicities, cultures and religions in addition to its legal status. The majority of people in Indonesia adhere to the Islamic religion. Islamic law covers everything from marriage to charity, and criminal behavior is based on the same principles as fasting and prayer. .According to the Islamic Fiqh Council, Islam is a religion and way of life that accepts everyone and can be practiced anytime and anywhere without separating religion from life.
Digital Transformation in Improving Legal Services by Notaries Who Apply the Cyber Notary Concept Rizka Syafriana; Ida Hanifah; Onny Medaline
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 1 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/djfz7d70

Abstract

The era of Digital Disruption is marked by the shift in people's activities from conventional systems to information technology-based systems that prioritize efficiency and flexibility. The development of the internet and digital economy also affects the field of notary, so notaries are required to be able to adapt through the use of technology in carrying out their duties as makers of authentic deeds. The regulation of electronic transactions in Law Number 11 of 2008 concerning Information and Electronic Transactions and the authority of notaries in the Law on Notary Positions are the normative basis in studying the application of the concept of cyber notary. The problems of this research include the application  of cyber notary in improving legal services, factors that hinder its implementation, and regulatory models relevant to digital transformation. This research aims to make a theoretical contribution to the development of notary literature related to cyber notaries as well as practical contributions for notaries and the public in understanding digital transformation in the legal field. The method used is normative-empirical research with a legislative approach and qualitative analysis of primary and secondary legal materials. This research is explanatory and prescriptive analytical. The results of the study show that the implementation of cyber notary still faces juridical obstacles, especially related to the limits of authority, the validity of the deed, and the strength of legal proof. The absence of special regulations regarding cyber notaries in the Indonesian legal system is the main obstacle in its implementation. In conclusion, digital transformation in notary is an inevitable need in the era of globalization. However, in order for the implementation of cyber notary to run effectively and provide legal certainty, progressive, comprehensive, and adaptive regulatory reforms are needed to bridge the gap between technological developments and the national legal system.
Legal Protection for Workers with Fixed-Term Employment Agreements Before and After the Job Creation Law Ida Hanifah; Ismail Koto
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25755

Abstract

Workers perceive that several new provisions regarding Fixed-Term Employment Agreements are detrimental to their rights. According to research findings, an agreement is considered valid if it meets the provisions stipulated in Article 1320 of the Civil Code. The requirements for a valid agreement are regulated in Article 1320 of the Civil Code. Article 1 Paragraph (14) of Law Number 13 of 2003 concerning employment, an employment agreement is: "An agreement between workers/laborers and employers or employers containing work conditions, rights and obligations of the parties." Employment agreements are divided into Fixed-Term Employment agreements and permanent employment agreements. The provisions regarding employment agreements made in writing have been regulated in Article 54, paragraph 1 of Law Number 13 of 2003 on Manpower. The provisions, nature, and type of work for a fixed-term employment agreement can be seen in Article 59. Changes in the duration of Fixed-Term Employment Agreements are regulated in Article 59, Paragraph (4) of the Manpower Law, which states that a Fixed-Term Employment Agreement can be made for a maximum period of two years and may be extended only once for a maximum period of one year. This means that if an employer applies a renewal system, the maximum duration for a Fixed-Term Employment Agreement is four years. However, in Article 81, Number 12 of the Job Creation Law, which amends Article 56 of the Manpower Law, Paragraph (3) stipulates that the employment contract determines the duration of a Fixed-Term Employment Agreement. Article 59 of the Job Creation Law eliminates the specific duration requirement for Fixed-Term Employment Agreements.
IMPLEMENTATION OF GOOD GOVERNANCE IN THE PROCUREMENT OF GOODS AND SERVICES TO ANTICIPATE STATE FINANCIAL LOSSES Ahmad Ari Pandi Harahap; Triono Eddy; Ida Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4261

Abstract

Procurement of government goods and services is one of the activities that is very prone to corruption, collusion, and nepotism (KKN). In addition to carrying out law enforcement, to overcome KKN in the procurement of goods and services, various supporting policies are established that are enforcement and prevention. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that Good Governance can anticipate state financial losses in the Government BJP through the implementation of the principles of participation, rule of law, transparency, effectiveness and efficiency, and accountability. The forms of policies in the procurement of fair goods and services are the establishment of integrity pacts by both relevant agencies and PJB participants, the E-procurement System, the procurement of goods and services through electronic tenders that are spared, and a comprehensive audit system to find indications of violations.Keywords: Good Governance, Goods and Services, State Finance, E-Governance, E-Procurement.
Co-Authors Abu Yazid Raisal Adi Mansar Ahmad Ari Pandi Harahap Andi Maysarah Arie Nurwanto Arwin Juli Rakhmadi Asliani Harahap Doni Hendra Lubis faisal Farid Wajdi Freshly Newman Silalahi Hamzar Nodi Harisman Harisman Henrico DP Hutagalung Hidayat, Muhammad Ida Nadirah Koto, Ismail Mangisara Darmawan Siagian Mhd Teguh Syuhada Lubis Minggu Saragih Muhammad Arifin Gultom Nicholas Sutrisman Nurhilmiyah Nurhilmiyah Onny Medaline Rachmad Abduh Rajarif Syah Akbar Simatupang Ramadhani, Rahmat Ramlan Ramlan Rizka Syafriana Surya Perdana Surya Perdana Tarmizi Triono Eddy Ummi Salamah Ummi Salamah