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All Journal FOCUS: Journal of Social Studies Collegium Studiosum Journal
Fiddin, Mohamad Fahmi
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Asas Legalitas dalam Kewenangan Presiden Menunda Eksekusi Hukuman Mati Terpidana Mary Jane Veloso Fiddin, Mohamad Fahmi; Karli, Karli
FOCUS Vol 4 No 2 (2023): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v4i2.1334

Abstract

Clemency is very important for the government of a country because it can reduce the risks arising from a judge's decision, especially for maximum punishment such as death penalty, which allows the execution of innocent people. Problems arise when a death row convict asks for clemency and the President rejects it. However, when the executions were to be carried out, the President issued an order to postpone the executions, causing legal uncertainty regarding the denial of clemency. As a result, law enforcement on narcotics crimes becomes ineffective. This happened when the execution of Mary Jane Veloso was postponed. In this study, delaying the implementation of decisions that have permanent legal force through clemency is not a legal remedy, but it is the right of the Head of State to grant pardons to citizens who have been sentenced by a court. Apart from that, there is a legality principle in the presidential policy in delaying the execution of convict Mary Jane Veloso which has been regulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and Law Number 1 of 2006 concerning Mutual Assistance. In Criminal Matters and Law Number 15 of 2008 concerning Ratification of the Treaty On Mutual Legal Assistance in Criminal Matters (Agreement on Mutual Assistance in Criminal Matters). Setting the provisions of the law is an effort to realize the principle of checks and balances, so that the use of this authority has been limited, that is, before the President decides to grant a postponement of the execution of the death penalty, the President must first obtain consideration from the Supreme Court.
SANKSI HUKUM TERHADAP PELAKU USAHA YANG TIDAK MEMBAYAR UPAH KARYAWAN SESUAI DENGAN PERATURAN HUKUM DI INDONESIA Putra, Daniel Satria Setyawan; Suryanto; Pandiangan, Pebri Ramuda; Fiddin, Mohamad Fahmi; Osea, Adithia; Saragih, Luthfi El Hakim
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1990

Abstract

This study aims to analyze the legal sanctions imposed on businesses that fail to pay employee wages in accordance with Indonesian laws and regulations and to assess the effectiveness of their enforcement. Wages are a basic right of every worker, guaranteed by Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. Employers' obligation to pay wages in accordance with applicable regulations embodies the principles of justice, humanity, and legal certainty in industrial relations. The research method used is normative juridical, with a statutory and conceptual approach. The data used are sourced from primary, secondary, and tertiary legal materials, analyzed qualitatively. The results indicate that businesses that fail to pay employee wages in accordance with regulations may be subject to administrative sanctions, such as written warnings, restrictions on business activities, temporary suspension, and even revocation of business licenses. Furthermore, there are criminal sanctions as stipulated in Article 185 of the Manpower Law, which carry a maximum imprisonment of four years and/or a maximum fine of four hundred million rupiah. However, in practice, enforcement of these legal sanctions remains suboptimal due to weak labor oversight and low legal awareness among business actors. This study concludes that increased effectiveness of labor oversight and stricter law enforcement are needed to ensure the protection of workers' rights to decent wages in accordance with the principles of social justice in Indonesia.
Co-Authors Karli, Karli Osea, Adithia Pandiangan, Pebri Ramuda Putra, Daniel Satria Setyawan Saragih, Luthfi El Hakim Suryanto