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All Journal Jurnal Civics: Media Kajian Kewarganegaraan Wacana Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Hukum Novelty Pembaharuan Hukum Journal of Indonesian Legal Studies Journal of Law, Environmental and Justice Journal of Law and Legal Reform
Santos, Jose Gama
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical analysis of termination of employment due to the Covid-19 pandemic In the context of Indonesian employment law and citizenship education Kurniawan, Itok Dwi; Septiningsih, Ismawati; Santos, Jose Gama
Jurnal Civics: Media Kajian Kewarganegaraan Vol 20, No 2 (2023)
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/jc.v20i2.61384

Abstract

The Indonesian government has declared Covid-19 a pandemic, leading to restrictions such as working from home and room capacity limits. These restrictions have resulted in numerous layoffs, and the pandemic has been deemed a national disaster, with laws and regulations like Presidential Decree No. 12 of 2020 strengthening the reasons for entrepreneurs to consider it a force majeure event. The economic sector's decline has direct implications for employees, both in formal and informal sectors, due to decreased production, depletion of industrial raw materials, weakening of the Rupiah against the Dollar, decline in Indonesian tourism, and the fall of the composite stock index. Employers have been forced to lay off their workers. Legal protection for workers includes termination of employment (PHK) and layoff provisions regulated by Articles 150-172 of Law 13/2003. This descriptive analysis aims to provide an overview of legal protection for workers during the pandemic, including the analysis and interpretation of laws and regulations related to the problem under study.
Establishment of Electoral Court in Indonesia: Problems and Future Challenges Suparto, Suparto; Chaidir, Ellydar; Ardiansyah, Ardiansyah; Santos, Jose Gama
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72316

Abstract

The primary aim of this research is to evaluate the imperative need for the establishment of a dedicated judicial body to address electoral disputes in Indonesia, particularly in light of the imminent concurrent elections scheduled for 2024 and the limited jurisdiction of the Constitutional Court in adjudicating such matters. This study employs normative legal research methodologies, incorporating legislative analysis, scrutiny of judicial precedents, and a comparative law framework as its principal approach. Uruguay serves as a pertinent comparative reference within the contextual parameters of this inquiry. The research findings unequivocally indicate the indispensability of instituting a specialized court for regional head elections, as mandated by Constitutional Court Decision Number 97/PUU-XI/2013. This imperative is substantiated by a series of legal arguments, namely: (a) the constrictive nature of the law's mandate, (b) the Constitutional Court's role as a constitutional enforcement institution rather than a court of justice, (c) the absence of an appellate process, contravening fundamental principles inherent to the electoral law system, (d) the quantitative approach to dispute resolution, impeding the attainment of justice, and (e) the presence of a distinct judicial system, engendering uncertainty and impeding the realization of justice, certainty, and expediency within the election legal framework. The establishment of specialized courts for regional head elections in Indonesia is analogous to the implementation of analogous courts in Uruguay and Costa Rica. In both jurisdictions, specialized election courts function as distinct entities, operating autonomously from the conventional judicial powers vested in the Supreme Court or the Constitutional Court.
Analysis of Interfaith Marriage Legality in Indonesia and South East Asia Countries Kurniawan, Itok Dwi; Septiningsih, Ismawati; Nuryadi, Muhammad Hendri; Santos, Jose Gama
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 3 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no3.3573

Abstract

Interfaith marriage in Indonesia is still a problem in Indonesia which is supported by multiple interpretations of regulations. The author in this article will discuss the analysis of interfaith marriage in Indonesia after the issuance of SEMA Number 2 of 2023. This article was made with the aim of analyzing and comparing regulations in Indonesia with other countries. The results of the study show that after the issuance of SEMA, the practice of interfaith marriage still occurs in Indonesia, which is also supported by the lack of government firmness in establishing the applicable regulations.
SOCIO-LEGAL CHALLENGES OF INDIGENOUS LAND IN WEST KALIMANTAN: CUSTOMARY PRACTICES AND NATIONAL LAW Kurniawan, Itok Dwi; Aldyan, Arsyad; Septiningsih, Ismawati; Rustamaji, Muhammad; Santoso, Bambang; Santos, Jose Gama
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.33860

Abstract

Customary law in the national legal system is undoubtedly fundamental to maintaining existence because customary law can also be applied to resolve conflicts in society. This research uses socio-legal methods, and the data obtained is based on data in the field through an interview process with several related parties. In contrast, for legal problems in this society, only some things can be resolved through a customary law approach. For example, in the Dayak indigenous community, several legal problems cannot be resolved according to custom, especially regarding unregistered land rights. These problems certainly cannot be solely resolved using a customary law approach. This certainly shows that customary law cannot necessarily accommodate the interests of Indigenous peoples because this is also closely related to legal certainty. Because they relate to legal certainty, they must be resolved through a positive legal approach, such as submitting a request to the court or an application to the relevant agency. This certainly happens because the legal awareness of regional communities in Indonesia is currently not very good; this leads to legal issues within indigenous communities that cannot be resolved through customary law.
Regional Spatial Regulation in Riau Province: Policy Formation Problems and Solutions Suparto, Suparto; Santos, Jose Gama
Journal of Law, Environmental and Justice Vol. 2 No. 2 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i2.104

Abstract

Regional Regulations (Perda) are statutes enacted by the Regional Head and DPRD that govern the welfare and utility aspects of the region. The Regional Spatial Planning (RTRW) rule is a crucial local ordinance that governs land allocation according to specified functions throughout various regions. The formulation of a Provincial Spatial Planning Regulation is significantly more intricate than other rules, necessitating the consideration and integration of diverse interests and the participation of several institutions, as demonstrated in the development of the Riau Provincial Spatial Planning Regulation. Following an extensive process, the Governor of Riau promulgated Regional Regulation (Perda) No. 10/2018 concerning the Regional Spatial Plan of Riau Province, with the subsequent particulars: 1. Area under cultivation measures 8,067,344 hectares. The protected region encompasses 945,532 hectares of a total expanse of 9,012,876 hectares. Despite the Regional Regulation concerning the Regional Spatial Plan and establishing the Regional Regulation on the Regional Spatial Plan of Riau Province, some concerns persist, specifically the clearance of land allocated for oil palm plantations within forested regions or for reforestation initiatives. This is difficult as it necessitates the deforestation of hundreds of thousands of hectares of oil palm plantations. Consequently, if executed meticulously, this will safeguard the ecosystem, particularly in the lack of legislation governing the restoration of land formerly converted to oil palm farms. The Government should promptly establish an implementing regulation as the legal foundation for oversight, preferably in the form of a presidential regulation
Resolution of Local Head Election Disputes: The Urgency of Establishing a Special Court Suparto, Suparto; Admiral, Admiral; Ardiansyah, Ardiansyah; Santos, Jose Gama
Wacana Hukum Vol 30 No 2 (2024): Article in Press
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i2.12156

Abstract

In accordance with the Constitutional Court's decision Number 97/PUU-XI/2013, the Constitutional Court is no longer empowered to adjudicate disputes regarding regional election results, as Article 236 C of Law Number 12 of 2008 is deemed inconsistent with the 1945 Constitution of the Republic of Indonesia. In response to the Constitutional Court's ruling, Law Number 8 of 2015 was enacted, which designates a specialised judicial body as the authority for resolving disputes about regional head election results in Article 157. The objective of this study was to determine whether a state institution is suitable for adjudicating disputes regarding the outcomes of regional head elections in the future. This study employed a normative legal research methodology, utilising secondary sources and analysing them through qualitative descriptive techniques. The findings of this analysis indicate that the creation of a specialised judicial entity to adjudicate election result disputes is the optimal resolution to the legal issues that arise. To avoid generating additional issues with the establishment of new state organisations and to enhance efficiency, the body responsible for adjudicating disputes about regional head election outcomes would henceforth be Bawaslu. The present Bawaslu has evolved into an entity tasked with a specific judicial duty, namely adjudicating complaints about regional election results as stipulated in Article 157 of Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors
Postponement of debt payment obligations through semi-public restructuring Kurniawan, Itok Dwi; Suwadi, Pujiyono; Santos, Jose Gama; Soehartono
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29480

Abstract

Introduction to the Problem: The COVID-19 pandemic has driven many companies in Indonesia to seek Postponement of Debt Payment Obligations (PKPU) and bankruptcy, highlighting the need for more adaptive legal frameworks. Current PKPU mechanisms are viewed as outdated, failing to address conflicts of interest and broader economic impacts. This research proposes a semi-public restructuring model to enhance fairness and inclusivity. Purpose/Study Objectives: This study analyzes the urgency of deconstructing the PKPU framework by introducing semi-public restructuring, which integrates judicial oversight and equitable consideration for all parties involved. Design/Methodology/Approach: This research includes normative legal research. Data analysis uses descriptive methods, deconstruction hermeneutic approaches, cases, legislation, and deduction-syllogism analysis. The legal materials used in this study consist of primary legal sources such as laws and court rulings, as well as secondary materials such as academic literature and legal commentary. Findings: The findings reveal that implementing a semi-public restructuring model in PKPU cases is essential for creating a more balanced and fair resolution process. Unlike current mechanisms that overly favor creditors, this model offers a comprehensive solution by involving the courts in approving restructuring plans, ensuring that all creditors are treated equally. Additionally, the semi-public restructuring model adapts successful principles from other countries, like the UK, to Indonesia’s legal framework. It is important to understand that semi-public restructuring differs from PKPU, which is commonly affirmed in debt restructuring. Semi-public restructuring goes beyond mere debt adjustment, encompassing broader corporate reorganization. This model can provide legal certainty, maintain business continuity, and promote long-term financial stability by considering broader socio-economic impacts. This semi-public restructuring approach aligns with Indonesia’s Pancasila values and has the potential to make the bankruptcy legal system more adaptive and responsive to the nation’s economic challenges. Paper Type: Research Article
Ramifications of Divorce by Dayak Customary Law: Exploring Legal Consequences in Indonesian Legal System Kurniawan, Itok Dwi; Septiningsih, Ismawati; Santos, Jose Gama
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2091

Abstract

This research explains the consequences of divorce according to the laws of the Dayak traditional community in Central Kalimantan province. The research method used is normative using primary and secondary legal materials. Customary law is one of the laws recognized in Indonesia. Customary law in Central Kalimantan is implemented by the existence of Dayak traditional institutions in Central Kalimantan which have been outlined in Central Kalimantan Province Regional Regulation No. 16 of 2008 and Central Kalimantan Governor Regulation no. 13 of 2009 concerning Dayak Traditional Institutions in Central Kalimantan. It is clear that customary law is a separate legal system so that it is different from other legal systems. The results of this research show that the consequences of divorce carried out by the Dayak traditional community are not only regulated by positive law in force in Indonesia, namely Law Number 1 of 1974 concerning Marriage, but are also regulated by Dayak customary law based on Regional Regulations. Kalimantan Province Regional Regulations. 16 of 2008 concerning Dayak Traditional Institutions in Central Kalimantan, there are Dayak customary punishments and marriage agreements carried out by parties from the Dayak traditional community.
Co-Authors A Admiral Aldyan, Arsyad ARDIANSYAH ARDIANSYAH Bambang Santoso Ellydar Chaidir, Ellydar ITOK DWI KURNIAWAN Muhammad Hendri Nuryadi, Muhammad Hendri Muhammad Rustamaji Septiningsih, Ismawati Soehartono Suparto Suparto Suparto Suparto suwadi, pujiyono