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Journal : JURNAL ILMIAH ADVOKASI

DISPARITY OF JUDGES' DECISIONS REGARDING CRIMINAL OFFENSES THEFT OF PLANTATION PRODUCTS Syahyunan, Hengki; Zelibu, Yanto; Siregar, Putri Habibah
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6199

Abstract

The disparity in the application of the law against perpetrators of theft of plantation products is a law enforcement problem that must be resolved in order to create a sense of justice, certainty and legal benefits. The purpose of this research is to be a reference for law enforcers in applying fair, certain and useful rules. This research is an analytical descriptive research with a type of qualitative research that examines and analyzes references to journals, books, laws and regulations, and considerations of judges' decisions. The clear conclusion is that there is a disparity in the perspective of judges in imposing legal decisions on perpetrators of theft of plantation products. The disparity in judges' decisions in plantation theft cases reflects various challenges in the justice system. Factors such as variations in evidence, differences in legal interpretation, local social influences, and the quality of law enforcement play an important role in creating uncertainty. To achieve better justice and consistency in decisions, reforms in the justice system are needed, including improving the quality of law enforcement, especially judges. Thus, it is hoped that justice for victims can be achieved, and the justice system can be more trusted by the community.Keywords: Disparity; Plantation Products; Theft;
ANALISIS HUKUM PEMUTUSAN HUBUNGAN KERJA TERHADAP KARYAWAN KARENA KONSUMSI TUAK DALAM PERSPEKTIF KETENAGAKERJAAN INDONESIA Syahyunan, Hengki; Zelibu, Yanto; Siregar, Putri Habibah; Ritonga, Muhammad Khoirul; Siregar, Ahmad Ansyari
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7872

Abstract

Termination of Employment is a legal action that may be undertaken by an employer against an employee under certain conditions, including violations of workplace discipline. One controversial case involves the dismissal of an employee found consuming tuak (a traditional alcoholic beverage). This study aims to analyze the legal aspects of such termination based on Indonesian labor regulations and contributes to a broader understanding of cultural context in the enforcement of labor law in Indonesia. The research employs a normative juridical approach, using literature review and case analysis. The findings indicate that termination of employment due to the consumption of tuak can only be legally justified if the act occurred during working hours, within the workplace, or demonstrably affected job performance and workplace safety. Termination is deemed unlawful if it does not follow the prescribed procedures or lacks sufficient evidence of serious misconduct as stipulated in the company's internal regulations. Therefore, any termination decision must take into account the principles of fairness, proportionality, and legal certainty for both parties.Keywords: Tuak; Company; Termination of Employment