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All Journal MEDIA HUKUM "MEDIA KOMUNIKASI HUKUM" Jurnal SOLMA DE LEGA LATA: Jurnal Ilmu Hukum Journal of Education, Humaniora and Social Sciences (JEHSS) 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) Proceeding International Seminar of Islamic Studies Azkayra: Jurnal Pengabdian Masyarakat dan Sosial
Ida Hanifah
Fakultas Hukum Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Astronomy Automotive Engineering Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions 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
PROCEDURE FOR TERMINATION OF EMPLOYMENT RELATIONS IN THE PANCASILA INDUSTRIAL RELATIONS CONCEPT Minggu Saragih; Adi Mansar; Ida Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5315

Abstract

In the Pancasila Industrial Relations concept, the rights and responsibilities of employers and workers in a work relationship are balanced. This balance is achieved not based on considerations of strength (overall influence), but based on feelings of justice and honor. In addition, Pancasila Industrial Relations believes that company results achieved through cooperation between workers and entrepreneurs must be enjoyed equally by taking into account the sacrifices made by each individual. When a work stoppage occurs, this method is also assisted through a component that is a marker of Pancasila standards in legal guidelines through Law Number 2 of 2004 concerning Settlement of Industrial Relations Problems. This research employed normative juridical research methods Referring to Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time and Termination of Employment Relations, if there is termination of employment in accordance with the reasons for Termination of Employment, then the formulation of the amount of rights that the worker has at the time of termination of employment work adjusted to the reason for termination of employment. As the government's response to the difficulties and dynamics of competency and productivity-based employment relationships, this regulation was promulgated to provide guidelines for ending employment relationships because it is very necessary in efforts to protect rights and government assistance in fulfilling the welfare of workers/employees both during work, especially after the end of work friendships
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.
Outsourcing Labor Within the Legal Framework of Employment Relations Henrico DP Hutagalung; Muhammad Arifin; Ida Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Positive impacts of national development progress include the growth and development of economic activity centers, resulting in the establishment of new industrial centers and providing employment opportunities for the community. The legal framework for employment relations between outsourced workers and parties in the labor sector is regulated by Pancasila Industrial Relations (hereinafter abbreviated as HIP). HIP is an industrial relationship based on the manifestation of all the principles of Pancasila and the 1945 Constitution (hereinafter abbreviated as UUD 1945), and develops in accordance with the character of the Indonesian nation. Meanwhile, industrial relations refers to all types of employment relationships between employers and employees, both at the regional and national company levels, relating to socio-economic matters such as wages, working hours, working conditions, employment relations, and so on. Employment relations serve as a basis for parties to protect their respective interests and avoid discriminatory practices and human rights violations during the organizational process to achieve company goals. Outsourced labor practices related to employment relations are frequently discussed and debated among various groups. This is directly related to companies' efforts to reduce costs related to human resource utilization and their responsibility to provide legal protection for workers in the employment relationship. The employment relationship between workers and companies in outsourcing practices must reflect legal protection for workers, as stated in the Preamble to the 1945 Constitution: to protect the entire Indonesian nation and its entire homeland and to advance general welfare based on Pancasila to achieve social justice for all Indonesians. Although outsourcing is limited to specific fields, it is widespread in companies' core businesses. Therefore, the government's role is crucial in ensuring that workers' rights within an employment relationship are fulfilled in accordance with applicable laws.
Co-Authors -, Harisman Abu Yazid Raisal Adi Mansar Ahmad Ari Pandi Harahap Arwin Juli Rakhmadi Asliani Harahap Doni Hendra Lubis Farid Wajdi Hamzar Nodi Henrico DP Hutagalung Hidayat, Muhammad Koto, Ismail Minggu Saragih Muhammad Arifin Gultom Nurhilmiyah Nurhilmiyah Rachmad Abduh Rajarif Syah Akbar Simatupang Ramadhani, Rahmat Ramlan Ramlan Surya Perdana Triono Eddy Ummi Salamah Ummi Salamah