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All Journal Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Emerging Markets : Business and Management Studies Journal Journal of Innovation Research and Knowledge International Journal of Sociology and Law
Mohamad Tohari
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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The Impacts of Leadership and Decision-Making Styles Middle Management on the QMS Implementation and Firm Performance Mohamad Tohari; Musa, Soebowo
Emerging Markets : Business and Management Studies Journal Vol. 10 No. 1 (2022)
Publisher : Directorate of Academic Research and Community Services

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33555/embm.v10i1.195

Abstract

In heavy equipment and mining companies, it is important to always maintain the quality of the products and services provided to customers. Quality Management System (QMS) as a standard has a very important role in maintaining the company's business continuity. Quality management includes customer focus, leadership, people engagement, process approach, improvement, evidence-based decision making, and relationship management. Middle management leadership and decision-making styles as well as the implementation of QMS are examined in this study to see the extent of their correlation with firm performance. The research was conducted on a heavy equipment company in Indonesia with a case study of PT. United Tractors, Tbk by involving 55 middle management respondents and 310 subordinates in 55 branch offices/sites throughout Indonesia. The results of the study concluded that QMS implementation was the only construct in this study that was positively relationship to firm performance, while decision making style was negatively relationship and leadership style was not significantly relationship. In another section, it was also confirmed that leadership style was negatively relationship to decision making style, it was also found that leadership and decision-making style middle management had no relationship to QMS implementation. Leadership style middle management PT. United Tractors, Tbk is known to be more inclined to the laissez faire style compared to the transformational and transactional styles, while the decision-making style is strongly predicted to dependent style compared that avoidant, rational and spontaneous styles. Keyword: Leadership style, Decision making style, QMS implementation, Firm performance
The Urgency of Legal Reform for the Legality of Digital Currency in Indonesia Agus Joko Lelono; Mohamad Tohari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2156

Abstract

The purpose of this study is to explore the understanding and analyze the legal updates regarding the validity of money as a transaction tool in Indonesia and to understand and analyze the validity of electronic money used as an intermediary for electronic transactions. The method used in this study is normative legal research with a focus on legislation, applying qualitative descriptive data analysis techniques. The research results indicate that money serves several functions, including as a medium of exchange, store of value, unit of account, and deferred payment measure. The use of Indonesian Rupiah is regulated by several laws, including Emergency Law No. 20 of 1951, Currency Law, and Bank Indonesia Law. The validity of electronic money is regulated by Bank Indonesia Regulation No. 11/12/PBI/2009 concerning Electronic Money or Non-Cash Money (E-money). The purpose of this regulation is to encourage society to transition from using cash to non-cash or E-money. Electronic money is one type of non-cash payment instrument, along with paper-based payment instruments such as checks and promissory notes, as well as paperless payment instruments such as electronic fund transfers and card payments such as ATMs, credit cards, debit cards, and prepaid cards. These non-cash payments do not use physical money as a payment instrument but rely on innovations in electronic payments.
The Validity of Illegal Investments In The Digital Era On Positive Legal Arrangements In Indonesia Taufik Noor Isya; Lamijan, Lamijan; Mohamad Tohari
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2162

Abstract

The rapid advancement of technology has transformed human behavior in numerous ways, including the widespread use of the internet, which has become an indispensable part of modern life. The internet has revolutionized various industries such as communication, trade, finance, education, and business, making it easier than ever for people to engage in online activities and even digital investments. Yet, unfortunately, many fraudulent investment opportunities have emerged, preying on unsuspecting victims and causing significant financial losses. As a result, the Indonesian government has taken measures to combat illegal investments and protect the public. Such practices are considered criminal offenses under the Criminal Code's Article 378, which criminalizes deceitful and fraudulent schemes. Additionally, fundraising without proper authorization is punishable under Article 46 of Law Number 10 of 1998 jo. Law Number 7 of 1992 concerning Banking. Sharia-based investments without a business permit from Bank Indonesia can also face legal repercussions under Article 59 of Law No. 21 of 2008 concerning Sharia Banking. These regulations aim to safeguard individuals from illegal investment activities.
Validity of Digital Signature Evidence as Valid Evidence in Civil Procedure Law Neilpon Yulinar Marquez; Hono Sejati; Mohamad Tohari
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2163

Abstract

Indonesia is entering a globalization era that drives technological advancements and business activities towards greater efficiency, particularly in the form of e-commerce. The use of Digital Signatures in its development is starting to shift the dominance of conventional signatures in agreements typically made on paper. Based on civil procedural law systems, judges are bound by valid evidence, implying that judicial decisions are limited by the evidence regulated by the law (HIR/RGB). This study adopts a doctrinal approach, examining law based on legislative regulations and legal concepts, and utilizing various data sources such as primary, secondary, and tertiary legal documents. Data collection methods include legal literature, legislative regulations, scientific literature, and relevant internet information on the discussed topic. The research findings indicate that a digital signature is not a replica of a conventional signature scanned using a scanner, but rather utilizes cryptographic techniques. The principle of lex specialis derogat legi generali states that the use of digital signatures in Civil Procedural Law holds a legal equivalence to authentic deeds.
ANALISIS SOSIOLOGI HUKUM TERHADAP PERAN HUKUM DALAM PERUBAHAN SOSIAL Astuty, Astuty; Mohamad Tohari
Journal of Innovation Research and Knowledge Vol. 4 No. 9: Februari 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v4i9.9651

Abstract

Penelitian ini mengkaji peran hukum dalam perubahan sosial melalui perspektif sosiologi hukum. Menggunakan pendekatan kualitatif dengan metode sosio-legal research, penelitian mengintegrasikan analisis doktrinal hukum dengan perspektif ilmu sosial. Data diperoleh melalui wawancara mendalam dengan 15 informan kunci serta studi dokumen peraturan perundang-undangan dan literatur akademik. Hasil penelitian menunjukkan bahwa hukum berperan sebagai instrumen dinamis yang tidak hanya merefleksikan tetapi juga secara aktif membentuk perubahan sosial. Analisis teoretis menggunakan kerangka sistem hukum Friedman menunjukkan interaksi kompleks antara struktur, substansi, dan budaya hukum dalam mendorong transformasi sosial. Teori strukturasi Giddens dan perspektif sistem autopoietik Luhmann memperkaya pemahaman tentang dualitas hukum sebagai produk sekaligus produsen praktik sosial. Penelitian juga mengungkap bahwa efektivitas hukum dalam perubahan sosial ditentukan oleh kemampuannya beradaptasi dengan dinamika masyarakat kontemporer, sebagaimana dijelaskan dalam teori hukum responsif Nonet dan Selznick. Kontribusi penelitian ini mencakup pengembangan kerangka konseptual yang lebih komprehensif tentang hubungan hukum dan perubahan sosial, serta memberikan landasan teoretis bagi upaya reformasi hukum yang berkelanjutan.
Penyelesaian Sengketa Merk Dagang Di Era Digital Dalam Perspektif Hukum Perdata: Penyelesaian Sengketa Merk Dagang Di Era Digital Dalam Perspektif Hukum Perdata Mohamad Tohari; Loso; Irfan Rizky Hutomo
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.v24i1.5744

Abstract

The use of a brand when in a trading activity is often classified as unfair competition, in an attempt to gain an advantage by taking advantage of someone else's brand, either by falsifying it in its entirety or only in certain parts, in other words, equality at its core. Many consumers are deceived when buying branded products because of plagiarism in the logo design or product packaging that has been known by the public and is very similar to the original form. There are still many business actors who are dishonest and violate the law. There are business actors who still plagiarize famous brands so that the products they make attract many fans. Therefore, there is a need for healthy competition in trade, so that no party feels disadvantaged in the process of trade, this study adopts the normative juridical method with a legislative approach and conceptual approach. The results showed that disputes related to the sale of counterfeit trademarks can be resolved both through court and out-of-court channels. The actions of sellers of counterfeit goods who trade products without the permission of the brand owner are certainly detrimental to the owner of the brand. In the face of brand infringement disputes, a wise step that brand owners can take is to resolve the issue out of court through mediation. This approach is expected to prevent further losses, especially for brand owners, while maintaining their reputation in the public eye regarding plagiarism issues. However, if mediation does not reach an agreement, the brand owner has the option of filing a lawsuit in the Commercial Court
Legal Obligations by Companies in Mitigating the Risks of Sustainable Digital Innovation Gilang Indra; Wieke Dewi Suryandari; Mohamad Tohari
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.179

Abstract

Digital innovation offers myriad advantages to companies but also entails risks necessitating mitigation. To safeguard against adverse impacts on both the company and its consumers, adherence to legal obligations is imperative. Privacy and security risks pose potential economic, ethical, or legal ramifications for consumers and companies alike. The duty to safeguard personal data is shared between governmental bodies and companies, with the latter assuming primary responsibility as service providers. Ethical business conduct entails the protection of user data and transparent disclosure of data usage to users. Companies also need to consider human, technological, and environmental aspects before developing new technologies. Therefore, awareness from companies is needed to fulfill their digital social responsibility. The latest regulation is Law Number 27 of 2022 concerning Personal Data Protection. Personal data protection is one of the main focuses of Corporate Digital Responsibility (CDR) or Corporate Digital Responsibility. The CDR concept is an evolution of Corporate Social Responsibility adapted to the digital era. In CDR, companies are expected to adopt practices that consider digital culture. It can be an effective strategy to integrate business and government interests in efforts to protect digital users.
The Urgency of Legal Reform for the Legality of Digital Currency in Indonesia Agus Joko Lelono; Mohamad Tohari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2156

Abstract

The purpose of this study is to explore the understanding and analyze the legal updates regarding the validity of money as a transaction tool in Indonesia and to understand and analyze the validity of electronic money used as an intermediary for electronic transactions. The method used in this study is normative legal research with a focus on legislation, applying qualitative descriptive data analysis techniques. The research results indicate that money serves several functions, including as a medium of exchange, store of value, unit of account, and deferred payment measure. The use of Indonesian Rupiah is regulated by several laws, including Emergency Law No. 20 of 1951, Currency Law, and Bank Indonesia Law. The validity of electronic money is regulated by Bank Indonesia Regulation No. 11/12/PBI/2009 concerning Electronic Money or Non-Cash Money (E-money). The purpose of this regulation is to encourage society to transition from using cash to non-cash or E-money. Electronic money is one type of non-cash payment instrument, along with paper-based payment instruments such as checks and promissory notes, as well as paperless payment instruments such as electronic fund transfers and card payments such as ATMs, credit cards, debit cards, and prepaid cards. These non-cash payments do not use physical money as a payment instrument but rely on innovations in electronic payments.
The Validity of Illegal Investments In The Digital Era On Positive Legal Arrangements In Indonesia Taufik Noor Isya; Lamijan, Lamijan; Mohamad Tohari
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2162

Abstract

The rapid advancement of technology has transformed human behavior in numerous ways, including the widespread use of the internet, which has become an indispensable part of modern life. The internet has revolutionized various industries such as communication, trade, finance, education, and business, making it easier than ever for people to engage in online activities and even digital investments. Yet, unfortunately, many fraudulent investment opportunities have emerged, preying on unsuspecting victims and causing significant financial losses. As a result, the Indonesian government has taken measures to combat illegal investments and protect the public. Such practices are considered criminal offenses under the Criminal Code's Article 378, which criminalizes deceitful and fraudulent schemes. Additionally, fundraising without proper authorization is punishable under Article 46 of Law Number 10 of 1998 jo. Law Number 7 of 1992 concerning Banking. Sharia-based investments without a business permit from Bank Indonesia can also face legal repercussions under Article 59 of Law No. 21 of 2008 concerning Sharia Banking. These regulations aim to safeguard individuals from illegal investment activities.
Validity of Digital Signature Evidence as Valid Evidence in Civil Procedure Law Neilpon Yulinar Marquez; Hono Sejati; Mohamad Tohari
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2163

Abstract

Indonesia is entering a globalization era that drives technological advancements and business activities towards greater efficiency, particularly in the form of e-commerce. The use of Digital Signatures in its development is starting to shift the dominance of conventional signatures in agreements typically made on paper. Based on civil procedural law systems, judges are bound by valid evidence, implying that judicial decisions are limited by the evidence regulated by the law (HIR/RGB). This study adopts a doctrinal approach, examining law based on legislative regulations and legal concepts, and utilizing various data sources such as primary, secondary, and tertiary legal documents. Data collection methods include legal literature, legislative regulations, scientific literature, and relevant internet information on the discussed topic. The research findings indicate that a digital signature is not a replica of a conventional signature scanned using a scanner, but rather utilizes cryptographic techniques. The principle of lex specialis derogat legi generali states that the use of digital signatures in Civil Procedural Law holds a legal equivalence to authentic deeds.
Co-Authors Agus Joko Lelono Astuty Astuty, Astuty Gilang Indra Hono Sejati Irfan Rizky Hutomo Lamijan Lamijan, Lamijan Loso Musa, Soebowo Neilpon Yulinar Marquez Taufik Noor Isya Wieke Dewi Suryandari