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All Journal Istinbath : Jurnal Hukum Siyasah : Jurnal Hukum Tata Negara
Sainul
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Asas Dissenting Opinion Pada Pembuktian Perkara Dalam Putusan Pengadilan Tata Usaha Negara Tentang Sengketa Kepegawaian Salim, Choirul; Sainul; Rima
Siyasah Vol. 2 No. 2 (2022): Siyasah : Jurnal Hukum Tata Negara
Publisher : IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/siyasah.v2i2.6222

Abstract

The occurrence of differences of opinion is very likely to occur as a consequence of holding trials with the composition of the panel of judges. As happened in the employment dispute case at PTUN Bandar Lampung Number 7/G/2020/PTUN.BL. Where the plaintiff filed an objection regarding the object of the dispute which was decided when the plaintiff was still a Candidate for Civil Servants and did not have a certain position but only obeyed his superiors. The plaintiff received administrative sanctions for crimes that were considered disproportionate to the crimes committed by his superiors. Of the three judges who received and examined this case, there was one judge who had a dissenting opinion in deciding the case. Therefore, the researcher conducted an in-depth analysis of the differences in opinion of the judges. The result of this study is that if there is a difference of opinion between the judges in the PTUN decision on employment disputes, voting or the most votes are taken according to the principle in determining a decision if there is a dissenting opinion.
Legal Study on the Oversight of Overloaded Motor Vehicles: Efforts to Protect Road Safety and Infrastructure Imam Mukhlisin; Muhammad Hariri; Sainul
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.9847

Abstract

The oversight of motor vehicles exceeding weight limits is critical in safeguarding road safety and protecting infrastructure from premature damage. Overloaded vehicles are a common issue, contributing significantly to accidents and accelerated road deterioration, which incurs high repair costs and disrupts public transport and logistics. This study examines the legal frameworks and regulatory practices aimed at controlling vehicle overloading in Indonesia. Utilizing a normative juridical approach, the research reviews pertinent laws, regulations, and real-world cases involving load limit violations to gain insights into the effectiveness of existing policies. Findings reveal that while stringent load regulations are in place, enforcement remains inconsistent due to various limitations, including outdated monitoring technology, insufficient human resources, and challenges in coordinating between regulatory agencies. The research identifies critical obstacles in the current oversight mechanisms, such as a lack of real-time data collection and limited roadside weighing facilities, which hinder comprehensive monitoring. Furthermore, penalties for overloading are often inadequate to deter repeat violations. Based on these findings, this study recommends a multi-faceted approach to strengthen vehicle load regulation enforcement. Suggested improvements include upgrading monitoring technology, such as installing automatic weigh-in-motion systems, increasing the frequency and coverage of roadside inspections, and implementing more severe penalties to enhance deterrence. Additionally, the study emphasizes the need for inter-agency coordination and public awareness campaigns to foster compliance among vehicle operators. Through these initiatives, Indonesia can better protect its roadways, ensuring both road safety for all users and the long-term sustainability of its infrastructure.
Hubungan Perubahan Sosial dan Perubahan Hukum Dalam Sistem Hukum Terbuka Sainul; Oktavia, Ayu; Angkasa, Nitaria
Siyasah Vol. 4 No. 2 (2024): Siyasah Jurnal Hukum Tata Negara
Publisher : IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/w0wsa066

Abstract

In social dynamics, societal heterogeneity is evident in various dimensions, including culture, ethnicity, religion, and race. This diversity affects behaviors, thinking patterns, and knowledge. Addressing these differences is crucial to fostering a shared understanding of common needs, as it prevents potential conflicts and ensures social cohesion. This study focuses on how social changes impact legal reforms within an open legal system framework. The research employs a qualitative, normative juridical method, emphasizing doctrinal research and library research to analyze how legal systems adapt to social changes. Results indicate that for legal changes to be effective, they must align with local wisdom and accommodate modernization, ensuring the legal system remains dynamic and responsive. The study concludes that an open legal system is essential for aligning legal reforms with Indonesian values and societal needs.
Co-Authors Angkasa, Nitaria Imam Mukhlis Muhammad Hariri Oktavia, Ayu Rima Salim, Choirul