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Rahmadani, Gema
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Penerapan Restorative Justice Dalam Perkara Penyalahgunaan Narkotika Berbasis Hukum Progresif Affan, Ibnu; Rahmadani, Gema
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8101

Abstract

The restorative justice approach through rehabilitation in narcotics abuse cases in Indonesia is important because apart from being able to recover addicts from their dependence on narcotics, it can also overcome the problem of overcrowding in prisons.According to data from the Directorate General of Pas on May 9 2022, the number of convicts and detainees throughout Indonesia reached 273,982 people. Meanwhile, the ideal capacity of prisons and detention centers is only able to accommodate around 124,696 prisoners and detainees. Nearly 60% (sixty percent) of prison inmates are narcotics related and more than 80% (eighty percent) of that number are narcotics abusers. Keyword : Restorative Justice, Abuse, Narcotics, Progressive Law
Penyelesaian Sengketa Terhadap Pemegang Hak Merek Dagang Yang Digunakan Pihak Lain Sebagai Nama Domain AR, Azhari; Rahmadani, Gema; AR, Zulkifli; Faisal, Muhammad; Daud Syah, Teuku
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 2 (2024): Edisi Januari 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i2.8683

Abstract

Losses to brand rights that other parties use as a domain name to gain profit from the fame of a brand, resulting in the term brand piracy through a domain name. Cybersquatting is an act of brand piracy through domain names, parties who hijack or create domain names by imitating famous brand names and then resell them to other parties. For companies that already have a good reputation and are known in the wider community, this is certainly very disturbing, because this is related to the company's big name and good name. Settlement of trademark rights used by other parties as domain names is resolved through litigation through a court institution. Litigation dispute resolution is regulated in Law Number 15 of 2001 concerning Trademarks from Article 76 to Article 83, while nonlitigation dispute resolution is dispute resolution outside of court, such as through alternative dispute resolution or arbitration. Keywords: Legal Protection, Brands, Domain Names.
Reconstruction of Consumer Protection Law in the Settlement of Islamic Banking Disputes Rahmadani, Gema; Nasution, Zulkarnain; Pagar, Pagar; Victoria, Ong Argo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4506

Abstract

The rapid growth of Islamic banking in Indonesia has not been matched by an adequate consumer protection framework, particularly in resolving disputes between customers and Islamic banking institutions. Law No. 8 of 1999 on Consumer Protection remains general and does not accommodate the specific characteristics of Islamic economic law, creating normative inconsistencies and ambiguity in dispute resolution. This study uses a normative legal approach to analyze legislation, DSN-MUI fatwas, and court decisions, and finds a regulatory gap rooted in contractual justice and maqashid syariah principles. This gap risks disadvantaging consumers, especially regarding transparency, the prohibition of usury, and protection from harmful practices such as gharar and maysir. The study concludes that reconstructing consumer protection law to incorporate Sharia-based norms and clearer dispute resolution mechanisms is essential for realizing a fair and sustainable Islamic banking system in Indonesia.
Legal Analysis of the Judge's Considerations in Supreme Court Decision Number 123 K/Pdt.Sus-PHI/2022 concerning Termination of Employment due to Company Efficiency Affan, Ibnu; Rahmadani, Gema
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16470

Abstract

This study aims to analyze the judges' considerations in Supreme Court Decision Number 123 K/Pdt.Sus PHI/2022 regarding termination of employment (PHK) due to efficiency, particularly in the context of worker protection, legal certainty, and the application of labor norms. The study uses a normative juridical method with an approach of analyzing court decisions and legal literature. The results of the analysis show that the judge emphasized that termination of employment due to efficiency is legally valid if the employer can prove the existence of losses or potential losses to the company and has fulfilled the rights of workers, including severance pay, length of service awards, and compensation in accordance with PP 35/2021. The judges' considerations reflect the application of Law 13/2003, PP 35/2021, as well as the principles of worker protection, justice, and legal certainty, although the standard of proof for efficiency remains relatively flexible. This study concludes that the decision provides legal certainty for employers as well as adequate protection for workers, but requires consistent supervision and enforcement to maintain the principle of substantive justice. . While this ruling provides legal certainty for the disputing parties, academically, we need to examine the Ratio Decidendi, or the judge's underlying reasoning. The question is: How does the judge determine the threshold at which a company is deemed "efficient" enough to lay off workers? Without strict criteria, the rationale of efficiency risks becoming a "convenient tool" for companies to unilaterally terminate employment.
Legal Study of Bankruptcy in Indonesia: Study of Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jkt.Pst Rahmadani, Gema; Putri, Elfirda Ade; Fitriani, Fitriani
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16471

Abstract

This study aims to analyze the legal position of debtors and creditors in bankruptcy cases and assess the judge's considerations in Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jakarta Pusat, particularly the extent to which these considerations are in accordance with applicable legal norms. The research method used is normative juridical, with an approach based on legislation, court decisions, and legal literature related to bankruptcy. Data was obtained through document studies and court decisions, then analyzed qualitatively to assess the balance of debtor and creditor rights and the consistency of the decision with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The results of the study show that debtors who are declared bankrupt experience restrictions on their property rights, while creditors obtain legal certainty through the mechanism of appointing a curator and distributing assets. The judges' considerations emphasize the examination of evidence, the right to be heard, and the principle of substantive justice, so that the decisions are generally consistent with applicable legal norms. This research contributes to the understanding of bankruptcy law practices in Indonesia and serves as a reference for efforts to resolve disputes between debtors and creditors in a fair and transparent manner.
Co-Authors Achyar Zein, Achyar Ali, Siti Husniyyah AR, Azhari AR, Zulkifli Daud Syah, Teuku Elfirda Ade Putri Faisar Ananda Arfa, Faisar Ananda Fitriani Fitriani Ibnu Affan Irham, M. Iqbal Irham, Muhammad Iqbal Lubis, Fauziah Lubis, Mhd. Ansori Muhammad Faisal Muhammad Faisal Hamdani Muhammad Syukri Albani Nasution Nawir Yuslem, Nawir Pagar, Pagar Pagar, Pagar Panjaitan, Budi Sastra Rokan, Mustafa Kamal Syarifuddin Syarifuddin Tiara Aninditha Victoria, Ong Argo Zulkarnain Nasution