Article Per Year (5 Year)
p-Index From 2021 - 2026
4.88
P-Index
This Author published in this journals
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

Published : 35 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 35 Documents
Search

 1   2   3   4 
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. 1 (2024): Pena Justisia
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
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. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.7331

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.
Tanggung Jawab Pidana Korporasi atas Kekerasan Seksual dari Perspektif Keadilan Andi Maysarah; Ida Hanifah; Faisal
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v25i1.16640

Abstract

Background:   The recognition of corporations as subjects of criminal law in Indonesia has evolved significantly, yet its application in cases of sexual violence remains a complex legal challenge. Although Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) recognizes corporations as criminal subjects, the absence of judicial precedents imposing criminal liability on corporations indicates a persistent gap between progressive legal norms and enforcement practices, thereby limiting substantive justice for victims. Purpose:    This study aims to analyze the construction of corporate criminal liability in sexual violence cases, examine the implementation of justice in corporate sanctioning mechanisms, and formulate an integrative liability model grounded in theories of justice and Maqashid al-Shari‘ah that strengthens victim protection within the Indonesian legal framework. Methods: This study employs a normative juridical approach supported by conceptual, comparative, and philosophical analyses. The analysis integrates Indonesian positive law, particularly the UU TPKS and corporate criminal liability doctrine, with fiqh jinayah and Maqashid al-Shari‘ah to examine the normative basis, limitations, and possible reconstruction of corporate liability for sexual violence Results:     The study finds that, although the UU TPKS recognizes corporations as criminal subjects, the enforcement framework remains constrained by unclear attribution standards, difficulties in establishing corporate mens rea, and the absence of effective victim-centered mechanisms. The analysis further shows that the principles of mas’uliyyah jama‘iyyah, diyat, ta‘zir, and Maqashid al-Shari‘ah provide a normative basis for strengthening collective responsibility, compensation, structural reform, and the restoration of victims’ dignity. On this basis, the study proposes an Integrative Corporate Criminal Liability Model that combines an extended liability basis, a Corporate Mandatory Victim Fund, a Mandatory Structural Reform Order, and Victim Dignity Restoration. Implication  The findings support the reconstruction of corporate criminal liability under Indonesian law toward a more victim-centered and substantively just framework by integrating modern criminal law doctrine with the objectives of Maqashid al-Shari‘ah, particularly the protection of life, dignity, and human integrity.riginality:   This study offers a distinctive contribution by developing an integrative model of corporate criminal liability for sexual violence grounded in theories of justice and Maqashid al-Shari‘ah. O
Presidential Decree Number 62 of 2023: Distortion Regulation or Acceleration Solution for Agrarian Reform? Rahmat Ramadhani; Ida Hanifah; Farid Wajdi
Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.031-042

Abstract

The implementation of Presidential Decree No. 62 of 2023 has substantively attempted to integrate several regulations at technically applicable level; however, on the other hand, it still raises several problems, particularly in relation to the provision of land for agrarian reform objects, land originating from forest areas. This study aimed to analyze the implementation of Presidentialial Decree No.   62 of 2023 as the latest regulation regarding the acceleration of agrarian reform activities in Indonesia as an effort to recognize that land is the greatest source of wealth for people as ordered by the constitution. To analyze the problem, the method used is type study law normative. One of the factors inhibiting agrarian reform from seeming slow in creating just and prosperous land is the dis-harmonization of regulations, that cause legal gaps. The method used is normative legal research with a statutory regulation approach. The sectoral egos and legal gaps can be put aside and released to joint policies between related institutions, and agrarian reform can achieve its main essence; namely making land a source of the greatest prosperity for people. The results show that regulatory disharmony has narrowed the space for implementing agrarian reform. The advice given in this paper is to create an acceleration of agrarian reform that is right on target in accordance with the targets set, all implementing stakeholders must comply with the norms set out in the Presidential Decree in question. Thus, it is feared that Presidential Decree No. 62 of 2023 will become a regulatory distortion, even though its implementation aimed to provide a regulatory solution in the context of accelerating agrarian reform in Indonesia.
The Hospital's Legal Liability for the Doctor's Actions in a Therapeutic Agreement as a Form of Health Services Mangisara Darmawan Siagian; Muhammad Arifin; Ida Hanifah
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1019-1038

Abstract

The implementation of therapeutic agreements in health services often raises disputes regarding the limits of civil liability between doctors and hospitals. The development of modern healthcare practices shows that hospitals no longer function only as providers of health facilities, but also as institutions that manage service systems, supervision of medical personnel, and patient safety. This study aims to analyze the construction of hospital civil liability in the implementation of therapeutic agreements and formulate an ideal model of accountability based on the balance of health service interests. The research uses normative legal research methods with a legislative approach, a conceptual approach, and a case approach through the analysis of various court decisions and laws and regulations in the health sector. The results of the study show that hospital liability in Indonesia has shifted from a fault-based liability approach that is oriented towards individual doctors' mistakes to institutional liability that places hospitals as legal subjects responsible for the quality of service, supervision, patient safety, medical records, informed consent, and clinical governance. Based on these findings, the Balanced Institutional Liability model was formulated, which is an accountability model that integrates the protection of patient rights, the protection of the medical profession, hospital institutional accountability, preventive risk management, and a fair dispute resolution mechanism in one proportionate accountability system. This model provides more equitable legal certainty in the implementation of therapeutic agreements. Research recommends the reconstruction of hospital accountability arrangements through strengthening the principle of balance of interests as the basis for health law reform in Indonesia.
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