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THE ENFORCEMENT OF CRIMINAL LAW AGAINST VIOLENT THEFT CRIMES Mabsuti, Mabsuti; Fitnawati WN, Santy
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.256

Abstract

Occasionally, technological advancements and the growth of human civilization are accompanied by an increase in human requirements. This has a negative effect because it will increase the likelihood of criminal activity. Theft with violence is a type of crime that has recently occurred in every region and has been extensively discussed, as it severely disrupts security and public order. Consequently, the purpose of this study was to investigate the enforcement of criminal law against the offense of larceny with violence. Using a normative juridical approach with a statutory approach and a case approach, secondary data with additional primary, secondary, and tertiary legal materials were analyzed qualitatively in this study. In light of these findings, Chapter XXII of the Criminal Act of Theft is governed by Articles 363, 363, and 365 of the Criminal Code (KUHP). This indicates that law enforcement officials must refer to these articles when imposing violent punishments on thieves. Violent crime Criminal law enforcement is an effort to translate concepts of criminal law justice into legal certainty and social benefits in every legal relationship. There are three factors that must always be considered in law enforcement: 1) legal certainty (Gerechtigkeit), 2) justice, and 3) effectiveness. Legal structure, legal substance, legal culture, and legal remedies (preventive and punitive measures) comprise the efforts to uphold the law in instances of theft crimes involving violence.
PERAN HUKUM DALAM MEWUJUDKAN KEADILAN SOSIAL DI MASYARAKAT Nurtresna, Robby; Mabsuti, Mabsuti
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 2 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i2.429

Abstract

This journal article explores the role of law in achieving social justice within society. The primary objective of this study is to analyze how legal frameworks and institutions contribute to the realization of social justice, particularly for marginalized communities. Utilizing a doctrinal legal research methodology, the research collects secondary data through literature review and legal documents. The findings indicate that law serves as a crucial instrument for balancing individual freedoms and societal interests, thereby fostering an environment where justice can thrive. However, the study also highlights the challenges faced in the implementation of legal provisions, as many judicial decisions are often perceived as unjust by segments of society. This perception underscores the necessity for a more equitable legal system that genuinely reflects the principles of justice and fairness. In conclusion, the synergy between law and power is essential for promoting social justice. The article advocates for reforms that enhance the legal system's responsiveness to the needs of the community, ensuring that justice is not merely an abstract concept but a tangible reality for all members of society
Legal Protection of Outsourced Labor Based on Law No.13 of 2003 in PT Pertamina Trans Continental Port Jakarta Asmara, Asmara; Nurtresna, Robby; Mabsuti, Mabsuti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The outsourcing system is regulated legally, but in reality many workers feel disadvantaged and want the outsourcing system to be abolished. In this case, the request for legal protection for workers at PT Pertamina Trans Kontinental Port Jakarta was caused by problems with the outsourcing system at PT Pertamina Marine Solution, the problem is that workers whose outsourcing contracts are regulated to be Effective from January 1 to December 31, but when changing or extending a new contract, it is usually issued or signed by outsourcing workers around March. The new contract has not been issued but workers have started working and their salaries are paid continuously every month. If later a problem arises, how can workers claim insurance when there is no clarity in the outsourcing contract? The problem that occurs is the result of weak legal protection for outsourcing workers. The research method used is empirical with a normative approach. The data sources used are primary data and secondary data. Primary data is data obtained from related parties involved in this study, namely the entrepreneur PT Pertamina Trans Kontinental Port Jakarta, the outsourcing actor PT Pertamina Marine Solution (PMSol) and workers at PT Pertamina Trans Kontinental Port Jakarta. While secondary data is data obtained from literature studies. Based on the results of research on the implementation of legal protection for workers, the implementation of fixed-term work agreements at PT. Pertamina Trans Kontinental Port Jakarta still does not comply with the provisions of laws and regulations, namely, fixed-term work agreements that are not recorded or there is no renewal of worker documents, because the company realizes that the fixed-term work agreement is not in accordance with laws and regulations, weak supervision from the authorities, workers' ignorance of PKWT, workers' lack of courage because they are afraid of being laid off, and workers' apathy. and the legal consequences of fixed-term work agreements that are not recorded or there is no renewal of documents, namely by law they change into PKWTT.
The Function of State Administrative Courts in Supporting Good Government Free From Corruption Mabsuti, Mabsuti; Fithroh, Muidatul; Anfal, Sofiatul; Mulyani, Intan Tri; Fasya, M. Farhan Aishwar; Ibrahim, Ilman
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The State Administrative Court (PTUN) holds a strategic role in promoting a transparent, accountable, and corruption-free government. As a judicial mechanism to review the legality of state administrative decisions (KTUN), PTUN serves as an essential instrument for ensuring transparency, accountability, and legal certainty—core pillars of good governance. Additionally, PTUN contributes to anti-corruption efforts by addressing abuses of power within bureaucratic decision-making. Despite its importance, PTUN's effectiveness is hampered by several challenges, including low public legal awareness, limited jurisdictional reach, and insufficient integration with national anti-corruption enforcement bodies. Strengthening PTUN's institutional capacity, reforming the administrative justice system, and enhancing inter-agency collaboration are necessary steps to empower PTUN as a more effective actor in the fight against corruption. This article explores the role of PTUN in supporting good governance, identifies key obstacles to its optimal performance, and offers strategic recommendations to strengthen its contribution to a clean, law-abiding government. Ultimately, PTUN should be positioned as a vital component of Indonesia's long-term governance reform agenda.
Juridical Analysis of the Serang Administrative Court Decision No. 24/G/2020/PTUN-SRG on the Building Permit Process for a Poultry Farm in Panyaungan Jaya Village According to Law No. 5 of 1986 on the Administrative Court Heriansyah, Heriansyah; Fathullah, Fathullah; Kamseno, Sigit; Mabsuti, Mabsuti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This research aims to analyze the judicial reasoning of the Serang State Administrative Court (PTUN Serang) Decision No. 24/G/2020/PTUN-SRG regarding a dispute over the issuance of a Building Permit (IMB) for a poultry farm in Panyaungan Jaya Village, Serang Regency. The main problem lies in the inconsistency between the local government’s administrative decision and statutory regulations, particularly in relation to the General Principles of Good Governance (AUPB). The study employs a normative juridical method with statutory, conceptual, and case approaches. Data were collected from primary, secondary, and tertiary legal materials, complemented by interviews to provide empirical validation. The results indicate that the PTUN Serang decision is consistent with Law No. 5 of 1986 on the State Administrative Court, Law No. 30 of 2014 on Government Administration, and Law No. 32 of 2009 on Environmental Protection and Management. The court found that the issuance of the IMB lacked legality and due diligence because it was not preceded by environmental assessments (UKL-UPL) and did not involve community participation. As a result, the administrative act was declared legally defective and annulled. Conceptually, the ruling reinforces the PTUN’s role as the guardian of the rule of law and a supervisory mechanism over administrative actions that may infringe upon citizens’ rights. Practically, this study underscores the importance of legality, transparency, and accountability in administrative decision-making, as well as the need for effective enforcement mechanisms to ensure compliance with PTUN judgments.
Perlindungan Hukum Terhadap Upah Karyawan PMI Kabupaten Lebak Ditinjau Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Safari, Safari; Robby Nurtresna; Mabsuti, Mabsuti
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2368

Abstract

Penelitian ini dilatarbelakangi oleh ketidaksesuaian penerapan sistem pengupahan di Palang Merah Indonesia (PMI) Kabupaten Lebak dengan ketentuan Undang-Undang Nomor 6 Tahun 2023 tentang Ketenagakerjaan. Tujuan penelitian ini adalah untuk menganalisis penerapan upah karyawan PMI Kabupaten Lebak serta meninjau perlindungan hukumnya berdasarkan regulasi ketenagakerjaan yang berlaku. Metode yang digunakan adalah yuridis normatif dengan pendekatan empiris, menggabungkan kajian dokumen hukum dan wawancara lapangan. Hasil penelitian menunjukkan bahwa pelaksanaan sistem pengupahan di PMI Kabupaten Lebak masih jauh di bawah standar upah minimum dan belum memenuhi hak-hak pekerja sebagaimana diatur dalam peraturan perundang-undangan. Hambatan utama meliputi keterbatasan anggaran, rendahnya kesadaran hukum, serta belum adanya kerja sama dengan BPJS Ketenagakerjaan dan BPJS Kesehatan. Secara teoretis, temuan ini memperkuat konsep tentang pentingnya perlindungan hukum fungsional, ekonomi, sosial, dan teknis bagi pekerja. Penelitian ini juga menemukan adanya kesenjangan antara norma hukum dan implementasinya, sehingga diperlukan pengawasan dan kebijakan afirmatif dari pemerintah daerah. Implikasi penelitian ini menekankan perlunya reformasi kelembagaan dan penguatan regulasi ketenagakerjaan di sektor organisasi sosial