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Implementasi Peraturan Gubernur DKI Jakarta Nomor 77 Tahun 2020 tentang Pengelolaan Sampah Dalam Meningkatkan Kualitas Lingkungan di RW 015 Kelurahan Duren Sawit, Kota Administrasi Jakarta Timur. Fitri Heri Kustanti; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63255

Discussing public awareness of the environment they live in recently can be said to be worrying, but this situation does not occur in the RW.015 Duren Sawit Village environment. This is an interesting topic to discuss, how this could happen, while there are some people who no longer believe that there are villages where the community still plays an active role. What factors exist to create an environment that they call "BERSINAR" (Clean, Healthy, Beautiful, Comfortable, Neat). This research uses normative and empirical methods by collecting interview data, namely to find factors that create a "BERSINAR" environment. The results of this research show that in creating a "BERSINAR" environment, sub-district officials and their staff must play an active role and work in synergy so that high public awareness is created, so there is nothing difficult and it is impossible for a "BERSINAR" environment to be realized.

METODOLOGI PENELITIAN HUKUM SEBAGAI INSTRUMEN PENGEMBANGAN ILMU HUKUM DI INDONESIA Godlif Nofiando Sitorus; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63257

Legal research methodology is not merely a technical sequence for collecting legal materials, but an epistemological instrument that determines the validity, direction, and social usefulness of legal science. This study examines the position, functions, and institutional requirements of legal research methodology in developing legal science in Indonesia. It uses normative legal research with statutory, conceptual, comparative methodological, and interdisciplinary approaches. Primary legal materials include the Constitution of the Republic of Indonesia of 1945, legislation on lawmaking, the national science and technology system, and judicial power. Secondary materials consist of books and verified journal articles published mainly from 2020 to 2026. The analysis applies legal interpretation, conceptual reconstruction, comparison, and synthesis. The findings show that methodology develops legal science through five connected functions: controlling legal validity, constructing concepts and doctrine, explaining the operation of law, evaluating justice and effectiveness, and translating knowledge into legal reform. An integrative model is proposed that combines a normative core, empirical verification, interdisciplinary explanation, digital traceability, ethical accountability, and policy translation. The development of Indonesian legal science therefore requires methodological congruence, transparent research procedures, stronger empirical literacy, reliable digital governance, and institutional standards that protect the prescriptive identity of legal science while remaining responsive to social change.

KAJIAN YURIDIS TERHADAP EFEKTIVITAS PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DAN KEPAILITAN SEBAGAI UPAYA PENAGIHAN UTANG DI INDONESIA Habibie Abdiawan; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63259

This study examines the legal effectiveness of applications for Suspension of Debt Payment Obligations and bankruptcy as mechanisms for collecting debts in Indonesia. The research applies a normative juridical method using statutory, conceptual, and case approaches. Primary legal materials consist of the Indonesian Civil Code, Law Number 37 of 2004, Law Number 4 of 2023, Constitutional Court decisions, Supreme Court circulars, and commercial court decisions. The analysis shows that both procedures create collective enforcement and prevent fragmented executions, but their effectiveness differs. Suspension of Debt Payment Obligations is more suitable when a debtor still has a viable business and creditors need a binding restructuring plan. Bankruptcy is more appropriate when business rescue is no longer realistic and liquidation is required. Their practical effectiveness is reduced by the absence of a substantive insolvency test, strategic petitions, unequal bargaining power, limited disclosure, lengthy asset realization, and low recovery for concurrent creditors. The study proposes a proportional gatekeeping mechanism, stronger good faith examination, transparent creditor voting, independent valuation, and measurable supervision of administrators and receivers.

IMPLEMENTASI PENDEKATAN PERBANDINGAN HUKUM DALAM PENELITIAN HUKUM NORMATIF Hermit Purwedy Zendrato; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63260

This research examines the implementation of the comparative law approach in normative legal research and formulates an operational model that preserves doctrinal rigor while remaining sensitive to institutional, historical, and cultural contexts. The research uses normative legal research with statutory, conceptual, case, historical, and comparative approaches. Primary legal materials consist of legislation and judicial principles, while secondary materials include comparative law scholarship and journal articles published from 2020 to 2026. The materials are analyzed through identification of the legal problem, determination of the tertium comparationis, selection of comparable jurisdictions, contextual description, functional and structural comparison, critical evaluation, and normative synthesis. The study finds that comparative law is not merely the juxtaposition of foreign rules. Its validity depends on equivalent units of comparison, transparent jurisdiction selection, attention to formal and informal institutions, and a reasoned assessment of contextual compatibility. The proposed model consists of six connected stages: problem formulation, comparator design, material verification, contextual reconstruction, evaluative comparison, and controlled legal adaptation. This model enables comparative findings to strengthen interpretation, legal reform, and the development of Indonesian legal scholarship without reducing foreign law to an uncritical source of imitation.

MEKANISME SISTEM PERADILAN MILITER DALAM PENANGANAN PERKARA TINDAK PIDANA UMUM YANG DILAKUKAN OLEH PRAJURIT TNI DI INDONESIA Karso; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63264

Soldiers of the Indonesian National Armed Forces (TNI) are members of the Indonesian National Armed Forces (TNI) ranging from Private to General, representing the ranks of Private, Non-commissioned Officer, and Officer, who constitute a military unit. TNI soldiers are often faced with criminal cases, requiring them to face military justice. The Indonesian legal system has established a military-style mechanism for TNI soldiers who commit general crimes, based on the principle of equality before the law and legal certainty, based on the grounds for the charges against active TNI soldiers, namely Law Number 31 of 1997 concerning Military Justice and the Military Criminal Code (KUHPM). This is also based on the provisions of Article 65 paragraphs (1) and (2) of Law Number 34 of 2004 concerning the TNI, which strengthens the legal position of military justice as an institution with special expertise in military law. This research uses a normative juridical method with a regulatory-legal approach, a contextual approach, and a literature review to examine the legal basis, legal impact, and regulations regarding the legal accountability mechanism for TNI soldiers in the military justice system, as well as the relevance of training to soldier discipline and professionalism. The findings indicate that in addition to criminal penalties, soldiers can also be subject to administrative sanctions in the form of Dishonorable Discharge (PTDH), which has consequences for social status and administrative rights.

METODOLOGI PENELITIAN HUKUM EMPIRIS DALAM MENGKAJI EFEKTIVITAS PENEGAKAN HUKUM Sifirman Zalukhu; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Published
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63625

This study formulates a methodological framework for empirical legal research assessing law enforcement effectiveness. A structured literature review was conducted using a PICO framework adapted to socio-legal inquiry. Population refers to law-enforcement studies and settings; intervention concerns the application of legal norms and official action; comparison covers before-and-after conditions, jurisdictions, institutions, or law in books versus law in action; and outcomes include compliance, access, consistency, procedural justice, case resolution, and perceived legitimacy. Sources comprise journal articles published in 2020–2026, methodology books, and legislation. The thematic synthesis indicates that effectiveness cannot be adequately inferred merely from the existence of rules or the volume of coercive action. Measurement must integrate legal substance, institutional capacity and integrity, facilities, community responses, legal culture, and consequences for target groups. The proposed design combines indicator operationalisation, triangulation of documents, interviews, observation and administrative records, defensible sampling, data-quality checks, and an explicit explanation of the relationship between norms, processes, and outcomes. This framework improves the validity of assessment and supports contextual and testable recommendations for law enforcement reform..

PENDEKATAN PERUNDANG-UNDANGAN, KONSEPTUAL, DAN KASUS DALAM PENELITIAN HUKUM NORMATIF Wiliam Kristianto; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Published
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.63626

Abstract This article examines the function and integration of statutory, conceptual, and case approaches in normative legal research. Primary materials comprise constitutional provisions, legislation, and judicial decisions, supported by books and journal articles from 2020–2026. Legal interpretation, conceptual analysis, and ratio decidendi analysis are applied. The statutory approach maps validity, hierarchy, consistency, and scope; the conceptual approach constructs standards from principles and doctrines; and the case approach examines rules through legally relevant facts, reasoning, and holdings. A four-stage integration model is proposed.

POLITIK HUKUM PERLINDUNGAN HAK PEKERJA PASCA UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA: STUDI PRAKTIK ADVOKASI SERIKAT PEKERJA DI KABUPATEN BEKASI Hadi Maryono; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.65143

Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law has fundamentally transformed Indonesia’s labour law system, particularly with respect to employment relationships, termination of employment, wages, outsourcing, and the protection of workers’ rights. These legal reforms have generated continuing debate regarding the balance between promoting investment and safeguarding workers’ rights. This study aims to analyse the legal politics of workers’ rights protection following the enactment of Law Number 6 of 2023 and to examine its implementation through labour union advocacy practices in Bekasi Regency. The research employs a normative-empirical legal method using statutory, conceptual, and case approaches. Primary data were obtained through interviews with the Bekasi Regency Manpower Office and documentation of advocacy practices conducted by FSP LEM SPSI, while secondary data were collected from legislation, Constitutional Court decisions, books, and scholarly journal articles. The findings indicate that post-Job Creation labour policy promotes greater labour market flexibility to support investment while remaining subject to constitutional guarantees of workers’ rights. Labour union advocacy through collective bargaining agreements, settlement of rights disputes, resolution of termination of employment disputes, and industrial relations mediation has proven effective in strengthening workers’ rights protection. The novelty of this study lies in integrating legal politics analysis with empirical evidence derived from labour union advocacy practices in the Bekasi industrial area, providing a comprehensive understanding of the implementation of workers’ rights protection after the enactment of Law Number 6 of 2023.

ARAH KEBIJAKAN HUKUM (LEGAL POLICY) KETENAGAKERJAAN BARU PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 168/PUU-XXI/2023: DARI INKONSISTENSI NORMA MENUJU KEADILAN SOSIAL Yosep Ubaama Kolin; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomor 03, September 2026 Publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.65159

Historically, labor law policy in Indonesia has exhibited acute normative inconsistency, driven by the persistent tension between safeguarding workers' welfare and accommodating investment demands. This inconsistency culminated in the enactment of Law No. 6 of 2023 on Job Creation, which adopted a flexible labor market approach, thereby triggering the commodification of labor and a serious constitutional crisis. The issuance of the Constitutional Court Decision Number 168/PUU-XXI/2023 serves as a landmark piece of creative jurisprudence and a constitutional "emergency brake," mandating the formulation of a new, independent labor law (standalone law) within a maximum period of two years. This paper aims to analyze the root causes of normative inconsistency in labor law and formulate a new, social justice-based legal policy framework in the post-decision era. Utilizing a normative legal research method guided by Nonet-Selznick and Mahfud MD’s Theory of Legal Product Character, John Rawls’s Theory of Distributive Justice, and the social justice principle of Pancasila, this study reveals two fundamental findings. First, the systemic normative inconsistency stems from the deconstruction of labor rights for short-term economic pragmatism and the profound absence of meaningful public participation, which ultimately yielded an orthodox-conservative legal product. Second, the new legal policy must undertake a formal reconstruction by operating strictly outside the omnibus law framework through a deliberative tripartite dialogue, alongside a substantive reconstruction rooted in social justice. This substantive blueprint must restore wage distribution based on the Real Decent Living Needs (KHL), strictly restrict the outsourcing system, and tighten the requirements for employment termination. Through this comprehensive restructuring, the national labor law architecture is directed toward a balanced flexicurity model, ensuring that economic dynamics operate in tandem with the preservation of workers' human dignity.

PERLINDUNGAN HUKUM KORBAN TINDAK PIDANA KEBOCORAN DATA PRIBADI MELALUI MEDIA SOSIAL WHATSAPP Chaerudin; Hery Chariansyah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 03 (2026): Volume 11 Nomer 03, September 2026 Publication
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i03.65663

Advancements in information and communication technology have brought about significant changes in society. As a digital communication-based social media platform, WhatsApp plays a crucial role in the exchange of personal information. However, the increased use of WhatsApp is directly proportional to the rising risk of personal data breaches. This study aims to analyze the protection of victims of personal data breaches occurring via WhatsApp, examine the relationship between influencing and affected variables, and correlate empirical conditions (*das sein*) with normative conditions (*das sollen*). The study employs a normative legal research method utilizing statutory and conceptual approaches. The findings indicate that although Indonesia has enacted Law Number 27 of 2022 concerning Personal Data Protection, the implementation of legal protection for victims of data breaches still faces various obstacles regarding both law enforcement and public awareness.

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