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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum PROFICIO: Jurnal Pengabdian Masyarakat BULLET : Jurnal Multidisiplin Ilmu MILRev: Metro Islamic Law Review Socius: Social Sciences Research Journal Jurnal Pengabdian Sosial Jurnal Pengabdian UMKM EBAMUKAI; JURNAL PENGABDIAN ILMU PENGETAHUAN DAN TEKNOLOGI Jurnal Insan Pengabdian Indonesia Ipso Jure
Sobardo Hamonangan
Universitas Cendrawasih, Jayapura, Papua, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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The Position Of Islamic Law In The Positive Law Of Indonesia (Analysis Of The Application Of Islamic Law Provisions In Aspects Of Marriage Through The System Approach) Hamonangan, Sobardo; Katjong, Kadir
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.v23i1.4095

Abstract

The research with the title: The Position of Islamic Law in Indonesian Positive Law (Analysis of the Application of Islamic Law Provisions in the Marriage Aspect Through a Systems Approach aims to determine and explain the position of Islamic Law which is integrated in Indonesian positive law, especially the application of Islamic law provisions in the Marriage legal aspect in Positive Law in Indonesia.This research is a normative legal study, which uses a normative juridical approach, which is an approach to conducting a study and study of the provisions of Islamic law and positive law that applies in relation to the issue of Islamic law in the provisions of Indonesia's positive law in the aspect of marriage.The research results show that the position of Islamic Law in Indonesian Positive Law can be seen from the development of law and the constitution in Indonesia, where the provisions of Islamic law which are adhered to by the majority of the Indonesian population have become a source of law for the development of national law. Several provisions of Islamic law have been integrated into positive law in the Indonesian legal system and have been implemented in a formal juridical manner, including provisions relating to family/marriage law regulated in Law Number 1 of 1974 concerning Marriage, provisions regarding waqf regulated in Law Number 41 of 2004 concerning Waqf, as well as the existence of Religious Court institutions regulated in Law Number 7 of 2004 1989 which was amended by Law Number 3 of 2006, as an institution authorized to resolve problems related to marriage, inheritance and waqf for citizens who embrace the Islamic religion. Furthermore, through a legal system approach, the enactment of Islamic law provisions in positive law is carried out in a formal juridical manner through the formation of legislation that accommodates the provisions of Islamic law. The position of Islamic law in positive law through a legal system approach can be seen in the provisions of Islamic law which have been integrated into positive law in the Indonesian legal system as a national legal system. The provisions of Islamic law in positive law are included as a substantial component, namely provisions that are guided by citizens, especially those who embrace the Islamic religion. As a structural component, it is seen in the existence of the Religious Courts as an institution that has the authority to resolve problems in family law. and the cultural component (legal culture) is the behavior and high legal awareness of the community, especially citizens who embrace the Islamic religion. These three components of the legal system determine the position of Islamic law in the applicable Positive Law.
Legal Protection of the Rights and Obligations of Workers from the Perspective of Law Number 13 of 2003 concerning Manpower Hamonangan, Sobardo
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.v23i002.6628

Abstract

The purpose of this study is to determine and analyze employment contracts in the field of employment law and to analyze the legal protection of workers' rights and obligations based on Law Number 13 of 2003 concerning Employment. This research method uses qualitative methodology with descriptive research design. Furthermore, this study reveals that employment law will always be related to the protection of workers' rights and obligations. In the field of employment law, an employment contract is defined as a written agreement between workers and employers that regulates various aspects of their employment relationship. This contract serves as a legal framework that protects the rights and obligations of both parties. Legal protection is an effort to maintain the dignity of human subjects of law in accordance with applicable laws and regulations, both in the form of policies and regulations that can protect something from other threats. The rights and responsibilities between the parties are interrelated, where one right has implications for the obligations of the other party.
Reconstruction of Equitable Customary Land Management To Improve The Investment Climate in Jayapura Regency polontoh, Herry M; Mulyadi, Dudi; Yanuaria, Tri; Hamonangan, Sobardo
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q7ambc04

Abstract

Customary land management in Jayapura Regency has a strategic role in encouraging regional economic growth through improving the investment climate. However, management practices have often caused problems such as land conflicts, legal uncertainty, and low participation of indigenous peoples in decision-making. This condition hinders investors from investing their capital optimally. This research aims to formulate a model for reconstruction of customary land management that is fair, provides legal certainty, and facilitates synergy between indigenous peoples, local governments, and investors. The research method used is a qualitative approach with a descriptive-analytical design. Data was obtained through in-depth interviews with traditional leaders, local government officials, investors, and academics, as well as through the study of relevant laws and regulations. The analysis was carried out using the Miles & Huberman interactive model technique, including data reduction, data presentation, and conclusion drawn. The results of the study show that equitable management of customary land requires formal recognition of customary rights, the existence of a clear written agreement mechanism between customary rights owners and investors, and the existence of permanent mediation institutions to resolve disputes quickly. The implementation of this reconstruction model has been proven to increase legal certainty, reduce potential conflicts, and encourage increased investment interest in Jayapura Regency.
Perlindungan Hukum Terhadap Hak-Hak Pekerja Akibat Pemutusan Hubungan Kerja Karena Mengundurkan Diri Sella Petrix Pelupessy; Berd Elkiopas Pelupessy; Sobardo Hamonangan
BULLET : Jurnal Multidisiplin Ilmu Vol. 4 No. 5 (2025): BULLET : Jurnal Multidisiplin Ilmu (INPRESS)
Publisher : CV. Multi Kreasi Media

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

Abstract

The research entitled "Legal Protection of Workers' Rights Due to Termination of Employment Due to Resignation." The purpose of this research is to analyze the substance of labor regulations in Indonesia, particularly regarding the legal protection of workers' rights related to termination of employment due to resignation and the role of government officials in the labor sector in providing legal protection for workers' rights due to termination of employment due to resignation. The research method used is normative law, namely research based on law conceptualized and developed on the basis of the doctrine of positivism which is characterized by lex or lege rather than ius. The type of research conducted, in terms of its form, is descriptive research aimed at obtaining suggestions regarding what should be done to overcome certain problems. The results of this research reveal that the substance of legal protection for workers' rights related to termination of employment due to resignation in Article 162 paragraph (1) is correlated with Article 156 paragraph (4) letter c of Law Number 13 of 2003 concerning Manpower regarding housing replacement and medical treatment. and treatment is set at 15% (fifteen percent) of severance pay and/or long service award money, the formulation is still incomplete and broad (comprehensive), thus creating legal uncertainty (unpredictable). Therefore, government officials provide a positive nuance and act wisely in responding to the ambiguity of norms related to termination of employment due to resignation, and not make the ambiguity of these norms an opportunity to gain benefits for themselves or their groups, and it is also hoped that the implementing regulations made by the officials will create a fair climate (fairness), where there is equal treatment for all parties related to industrial relations.
Co-Authors BUDIYANTO Daniel Tanati Daniel Tanati Dudi Mulyadi Eddy - Pelupessy Farida Kaplele, Farida Firman Frans Reumi Frans Reumi, Frans Herry M. Polontoh Herry M. Polontoh Hotlan Samosir Hotlarisda Girsang James Yoseph Palenewen Kadir Katjong Kadir Katjong Lily Bauw M. Polontoh, Herry Muannif Ridwan Mulyadi, Dudi Nur Asmarani Pelupessy, Berd Elkiopas Pelupessy, Sella Petrix pondayar, yustus Reumy, Ludia Jemima I.R. Rongalaha, Johan Ruth Kambuaya Samosir, Rendra Christian Sella Petrix Pelupessy Simanjuntak, Ayub Jose Luhut Parulian Solossa, Marthinus Supriyanto Hadi Susi Irianti Tri yanuaria Usman Jayadi Yusak Elisa Reba