Garuda - Garba Rujukan Digital

PENERAPAN SANKSI PIDANA KETENAGAKERJAAN TERHADAP PELAKU USAHA YANG TIDAK MEMBAYAR UPAH KARYAWAN SESUAI HUKUM KETENAGAKERJAAN Permana, Yana Sukma
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1312

Wages are the rights of workers or employees that are received and expressed in the form of money as compensation from entrepreneurs or employers to workers which are determined and paid according to work agreements or statutory regulations. There are criminal sanctions against companies that pay minimum wages. and minimum enforcement of criminal sanctions against companies that pay workers' wages below the minimum wage, enforcement of criminal labor sanctions against business actors who do not pay their workers' wages in accordance with labor law. Wages are a fundamental element in the employment relationship between workers and employers. In the context of labor law in Indonesia, employers are obliged to pay workers' wages in accordance with the provisions set by the government. This obligation is regulated in Law Number 13 of 2003 concerning Employment and strengthened through Law Number 11 of 2020 concerning Job Creation. Enforcement of criminal law sanctions in employment cases related to employee wages faces various complex obstacles. Even though there are strict legal instruments, as regulated in Law no. 11 of 2020 concerning Job Creation, the application of criminal sanctions for companies that violate minimum wage provisions is still rare. These obstacles are not only caused by legal factors themselves, but also by other factors such as weak law enforcement, limited facilities and infrastructure, as well as the influence of culture and community structure. Overall, law enforcement is an effort to realize the values of justice and legal certainty.

PERJANJIAN JUAL-BELI MELALUI E-COMMERCE DI DITINJAU DARI HUKUM PERJANJIAN DI INDONESIA Permana, Yana Sukma
Jurnal Ilmiah Publika Vol 11 No 1 (2023): Jurnal Ilmiah Publika
Publisher : Faculty of Social and Political Sciences, Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/publika.v11i1.8228

Perkembangan internet menyebabkan terbentuknya dunia baru, setiap individu memiliki hak dan kemampuan untuk berinteraksi dengan semua orang yang dapat mencegahnya. Globalisasi yang sempurna menghubungkan seluruh komunitas digital, salah satunya adalah sektor bisnis yang disebut e-commerce. E-commerce memiliki perbedaan dari perjanjian jual beli konvensional dan membawa konsekuensi hukum yang berbeda dan juga terdapat beberapa permasalahan yang belum lazim dijelaskan. Metode yang digunakan adalah pendekatan yuridis normatif. Untuk mendekati permasalahan dalam penelitian ini penulis menggunakan spesifikasi penelitian deskriptif analitis. Pengumpulan data menggunakan data sekunder. Hasil penelitian adalah pemenuhan syarat kesepakatan para pihak dalam membuat kontrak jual beli dalam e-commerce dapat dipenuhi apabila memenuhi ketentuan di dalam KUHPerdata dan Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik, sehingga apabila kontrak tersebut telah memenuhi kedua aturan tersebut, maka dari sudut pandang kesepakatan dianggap sah dan dan mengikat para pihaknya. Oleh sebab itu, kata sepakat merupakan syarat sahnya perjanjian sesuai dalam Pasal 1320 KUHPerdata.

Efektivitas Sanksi Pidana terhadap Pelaku Pencurian dengan Pemberatan dalam Perspektif Hukum Pidana Nasional Handione, Denaloy Valentino; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.13

The effectiveness of criminal sanctions against perpetrators of aggravated theft remains a crucial issue in Indonesia’s criminal justice system. Despite clear legal regulations, disparities in sentencing and law enforcement practices continue to hinder the deterrent effect of these sanctions. Social and economic factors also play a significant role in influencing crime rates, making it essential to evaluate the actual impact of existing laws. This study examines the effectiveness of criminal sanctions for aggravated theft within the framework of national criminal law.This research employs a qualitative method with a normative juridical approach, focusing on legal regulation analysis and judicial interpretation. Data collection was conducted through an extensive literature review, utilizing both primary legal sources and secondary references.The findings reveal that sentencing inconsistencies and weak law enforcement contribute to the limited effectiveness of criminal sanctions. In contrast, comparative studies with other legal systems show that restorative justice approaches can reduce recidivism and enhance victim satisfaction. Although Indonesian law recognizes such concepts, their implementation remains constrained by legal and institutional barriers. Therefore, a more comprehensive legal reform is required to balance punitive measures with rehabilitative strategies

Penegakan Hukum Pidana Lingkungan terhadap Korporasi dalam Perspektif UU PPLH dan Prinsip Strict Liability Karimuallah, Muhammad; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.24

Environmental criminal law enforcement against corporations remains a crucial issue in Indonesia, particularly in the context of the Environmental Protection and Management Act (UU PPLH) and the application of strict liability. Despite legal recognition of strict liability, its implementation faces various obstacles, including regulatory inconsistencies and corporate legal maneuvers to evade responsibility. This study examines how strict liability is applied in environmental criminal cases and the challenges hindering its effectiveness. A comprehensive understanding of these issues is essential to strengthen environmental law enforcement mechanisms.This research employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal norm interpretation. Data were obtained through an extensive literature review of primary legal sources, including laws, regulations, and court rulings, supported by secondary sources such as legal journals and academic studies. Findings indicate that although strict liability is theoretically applicable, its enforcement is often inconsistent due to the complexity of corporate structures and limitations in law enforcement capacity. The study also highlights the need for regulatory reinforcement and institutional strengthening to ensure more effective corporate accountability for environmental crimes. Moreover, collaboration between the government, legal practitioners, and civil society is necessary to enhance monitoring and prosecution efforts. Strengthening these aspects can lead to better environmental protection and increased corporate compliance with sustainable business practices.

Peran Aparat Penegak Hukum dalam Penerapan Restorative Justice terhadap Tindak Pidana Anak di Indonesia Hag, Ichsan Izzul; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.26

Restorative justice is a legal approach that prioritizes rehabilitation over punishment, particularly in cases involving juvenile offenders. In Indonesia, law enforcement officers play a crucial role in implementing restorative justice, yet various structural and cultural barriers hinder its effectiveness. Despite the existence of supporting regulations, challenges such as inadequate legal awareness, limited resources, and retributive legal culture persist. Addressing these issues is essential to ensure a fair and rehabilitative juvenile justice system. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal interpretation. Data collection is conducted through comprehensive literature studies, including primary, secondary, and tertiary legal materials. The findings indicate that law enforcement officers act as key facilitators in restorative justice, but their limited training and institutional support hinder optimal implementation. The study also reveals that public perception still leans toward punitive measures, reducing the acceptance of restorative approaches. Strengthening legal frameworks, improving law enforcement training, and enhancing public awareness are necessary steps to overcome these barriers. A collaborative effort between the government, legal institutions, and society is crucial to fully realize the potential of restorative justice for juvenile offenders in Indonesia.

PENERAPAN SANKSI PIDANA KETENAGAKERJAAN TERHADAP PELAKU USAHA YANG TIDAK MEMBAYAR UPAH KARYAWAN SESUAI HUKUM KETENAGAKERJAAN Permana, Yana Sukma
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1312

Wages are the rights of workers or employees that are received and expressed in the form of money as compensation from entrepreneurs or employers to workers which are determined and paid according to work agreements or statutory regulations. There are criminal sanctions against companies that pay minimum wages. and minimum enforcement of criminal sanctions against companies that pay workers' wages below the minimum wage, enforcement of criminal labor sanctions against business actors who do not pay their workers' wages in accordance with labor law. Wages are a fundamental element in the employment relationship between workers and employers. In the context of labor law in Indonesia, employers are obliged to pay workers' wages in accordance with the provisions set by the government. This obligation is regulated in Law Number 13 of 2003 concerning Employment and strengthened through Law Number 11 of 2020 concerning Job Creation. Enforcement of criminal law sanctions in employment cases related to employee wages faces various complex obstacles. Even though there are strict legal instruments, as regulated in Law no. 11 of 2020 concerning Job Creation, the application of criminal sanctions for companies that violate minimum wage provisions is still rare. These obstacles are not only caused by legal factors themselves, but also by other factors such as weak law enforcement, limited facilities and infrastructure, as well as the influence of culture and community structure. Overall, law enforcement is an effort to realize the values of justice and legal certainty.

Perlindungan Logo Merek Organisasi Yang Didaftarkan Atas Nama Pribadi (Studi Kasus Putusan No. 3/Pid.Sus/2017/PN Btl. (Hak Cipta) Permana, Yana Sukma; Santoso, Soegiharto; Kemala, Ratih
HUMANIORUM Vol 2 No 1 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i1.37

Intellectual Property Rights (hereinafter abbreviated to HKI) have a very important position in the current modern era where HKI has become a benchmark in national economic development. Developed countries rely on their country's economic strength from intellectual property as the driving force of their economy. HKI are exclusive rights granted to a person or group of people for their creative works. In simple terms, HKI includes Copyright, Patent Rights and Trademark Rights. This writing is the result of research using normative legal research methods with descriptive research specifications and the experience of Soegiharto Santoso who has been involved as a Management since 1995 and served as General Chair of APKOMINDO for 2 (two) periods 2015-2019 and 2019-2023. In this method, the main data are primary legal materials in the form of legislation related to the implementation of elections and campaigns in Indonesia, secondary legal materials in the form of related books, and tertiary legal materials in the form of legal research journals and other scientific articles. This secondary data was collected through library study techniques and grouped according to the type of legal material, including additional information obtained from Soegiharto Santoso. That Sonny Franslay on December 13 1991 was the initiator of the formation of APKOMINDO (Indonesian Computer Entrepreneurs Association), which initially only had a scale in Jakarta and was non-profit. All association income obtained from member fees will be used entirely to finance the association's activities. Some names that are worth noting as founding fathers of APKOMINDO are Sonny Franslay, Ir. Chris Irwan Japari, Ir. Wiriadi Tirtariyadi, Efendi Ruslim, John Franco, Agus Setiawan and the late. Daniel Tjahyadi. Furthermore, in 2000 in Yogyakarta, entrepreneurs from various regions in Indonesia gathered, including previously recorded as having established APKOM JATIM and APKOM YOGYA, where all organizations agreed to unite into APKOMINDO and become a national-scale, non-profit organization. Then on April 14 2016 Soegiharto Santoso was reported to the Police Criminal Investigation Unit regarding the violation of the APKOMINDO logo copyright, until he was detained for 43 days and tried and was found not guilty at both the first level and the cassation level.

SANKSI PIDANA TERHADAP OKNUM APARAT PENEGAK HUKUM PELANGGAR UNDANG UNDANG NARKOTIKA Komaria, Nina; Permana, Yana Sukma
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1780

Narcotics trafficking has developed into a threat that has penetrated various levels of society throughout the world. Even though efforts have been made to eradicate narcotics abuse, the narcotics distribution network is increasingly complex and difficult to stop. This phenomenon places significant pressure on law enforcement officers in police institutions to stop drug trafficking. The police institution is at the forefront in combating the distribution and abuse of narcotics. However, this noble task is being undermined by several law enforcement officers who are involved in committing criminal acts of narcotics abuse. This journal research takes a case study of the Republic of Indonesia Supreme Court Cassation Decision No. 4711 K/Pid.Sus/2020 dated 16 December 2020 which highlights the problem formulation and objectives to find out how the law regulates narcotics crimes and how criminal law is applied to individual law enforcement officers who violate the narcotics law. The method used is a normative writing method using secondary legal material sources obtained through document analysis, and legal material using legal argumentation. The research results show that the legal regulation of narcotics crimes is regulated in Law No. 35 of 2009 concerning Narcotics, which is applied to all levels of society who violate narcotics, including law enforcement officers who violate narcotics laws.

Perbandingan Perlindungan Hukum Terhadap Anak Korban Kekerasan Dalam Rumah Tangga di Negara Indonesia, India, dan Malaysia Harsanty, Ika; Permana, Yana Sukma
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1806

Protection of children's rights basically refers directly to laws, policies, efforts and activitiest hat guarantee the realization of child protection. First, in addition to the existence of groups of children who experience obstacles in their growth and development both mentally, physically, and socially; this is based on the assumption that this group is easily dependent. Domestic violence (KDRT) is a serious problem that not only affects the affected couple, but also children who witness or become victims. The formulation of the problem in this study is as follows: 1) How is the legal protection for children who are revictims of domestic violence in Indonesia? and 2) How does it compare to the legal protection for children who are victims of domestic violence in other countries? The results of the study indicate that legal protection for children who are victims of domestic violence in Indonesia is currently seen from good laws and regulations, international and national legal instruments.Among the international legal documents in the Convention on the Rights of theChild and national legal documents can be found in Law Number 35 of 2014 concerning Amendmentsto Law Number 23 of 2002 concerning Child Protection and Law Number 23 of 2004 concerning Elimination of Children's Rights.domestic violence.

TINJAUAN YURIDIS KETENTUAN UPAH PEKERJA/BURUH BERDASARKAN UNDANG UNDANG CIPTA KERJA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 168/PUU-XXI/2023 Puspita, Shinta Novia; Permana, Yana Sukma
Postulat Vol 3 No 2 (2025): Vol. 3 No. 2 (2025): POSTULAT: Journal of Law
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i2.1886

The Republic of Indonesia as a country of law has stated that National Development is carried out in the context of developing the whole Indonesian people and the development of the entire Indonesian society to create a prosperous, just, prosperous, and equitable society, both materially and spiritually based on Pancasila and the 1945 Constitution. In line with this statement, the Indonesian Government pays serious attention, one of which is in the field of employment. Efforts to provide legal certainty and the implementation of harmonious, dynamic and equitable industrial relations by making laws and regulations and provisions to achieve the goals of industrial relations in Indonesia. Several laws and regulations have been enacted and have even undergone changes, including Law No. 13 of 2003 as the main law on employment, which has now been amended by the Job Creation Law. The latest development has been the enactment of Law No. 6 of 2023 concerning the Stipulation of Government Regulation No. 2 of 2022 concerning Job Creation into Law. Regarding Law No. 6, there has been a Constitutional Court Decision No. 168/PUU-XXI/202. The formulation of the problem in this writing is how to regulate workers' wages after the Constitutional Court Decision Number 168/PUU-XXI/2023. The method used in this writing is Normative Jurisprudence. With the Constitutional Court's decision, the PP regulating Workers' Wages must be immediately made by the government which must accommodate everything related to Workers' Wages.

Title

Found 10 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 10 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 10 Documents
Search