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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice Acitya Wisesa: Journal of Multidisciplinary Research
Yahman, Dr. Yahman
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Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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UNDERSTANDING LAW ENFORCEMENT IN THE PERSPECTIVE OF EXPEDIENCY AND JUSTICE Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.468

Abstract

The fundamental concept of law enforcement is to maintain order by maintaining the values of society with the norms outlined in the rule of law. This research aims to identify the rules and norms of law enforcement in Indonesia. This is normative juridical research combined with statutory and conceptual approaches. Based on the research results, it is concluded that from the subject perspective, law enforcement is defined as a particular law enforcement institution’s attempt to assure and ascertain that legal rules are implemented properly. Meanwhile, in terms of its object, law enforcement concerns the enforcement of formal written regulations. Furthermore, in implementing their tasks and authorities, legal authorities not only use certainty, but also equity and utility. In the perspective of the expediency approach, law enforcement officials use progressive positivism instruments, such as restorative justice as a method of legal resolution.
LEGAL PROTECTION OF WORKERS WITH A SPECIFIC TIME WORK AGREEMENT (PKWT) IN THE TRANSFER OF OUTSOURCING COMPANIES FOLLOWING THE ENACTMENT OF LAW NO. 6/2023 Liana, Liana; Yahman, Dr. Yahman
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.559

Abstract

Employment relations can occur due to the existence of work, orders, and wages. Indonesian labor law recognizes two forms of employment relations, which are employment relations with a Specific Time Work Agreement (PKWT) and an Indefinite Time Work Agreement (PKWTT). This research aims to obtain further understanding of Government Regulation No. 6/2023 on Job Creation. This regulation is a result of the Government's efforts to fulfill legal protection of people's rights to work and a decent livelihood for humanity through job creation. This research uses a statutory approach and a conceptual approach. The types of legal materials used are primary, secondary and tertiary legal materials which are then systematically inventoried and categorized to solve real problems and try to formulate accurately, clearly and appropriately about the comparison of Law No. 13/2003 on Manpower and the Government Regulation on Job Creation (Law No. 6/2017 on the Stipulation of Government Regulation in Lieu of Law No. 2/2016 on Job Creation into Law). The results indicated that employees who are bound by a Specific Time Work Agreement (PKWT) after the enactment of the Government Regulation in Lieu of the Job Creation Law receive legal protection and compensation from outsourcing companies. This compensation is given to outsourced employees after the end of the work agreement, such as outsourcing companies, in accordance with the provisions stipulated in the preceding regulation.
CRIMINAL LAW ENFORCEMENT THROUGH THE PERSPECTIVE OF COMMUNITY JUSTICE: THEORETICAL ANALYSIS AND PRACTICAL IMPLEMENTATION Yahman, Dr. Yahman
Srawung: Journal of Social Sciences and Humanities Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v3i1.469

Abstract

The enforcement of law in Indonesia has become less equitable these days. Law enforcement tends to ignore justice, whereas justice should be a basic and legal reality. The judiciary as the main institution in law enforcement will lose its function when the law is perceived as an institution that can be manipulated, commercialized, and some legal experts have referred to it as the territory of the jurisdictional mafia. The jurisdictional mafia protects itself by referring to legal supremacy. However, in order to achieve the rule of law, justice and utility are compromised. This research aims to identfy the theoretical analysis and practical implementation of criminal law enforcement through the perspective of community justice. This research used normative methods, with a conceptual and statutory approach. The result indicated that there is a crisis in the implementation of justice, especially in the implementation of law enforcement, due to the existence of an invalid paradigm among those who enforce the law. In addition, the law enforcement officials, especially judges, tend only implement the law in a literal manner. Furthermore, law enforcement apparatus has not completely comprehended that the main purpose of equitable law enforcement is to create law to realize human welfare and harmony.
LAW ENFORCEMENT AGAINST HEALTH PROTOCOL COVID-19 VIOLATIONS IN INDONESIA: A Case Study of Decision Number: 173/PID.SUS/2021/PT.DKI Muslihuddin, Mochammad; Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.102

Abstract

The Corona Virus, or Covid-19, has spread throughout Indonesia since early 2019. This virus initially emerged in connection with an animal market in Wuhan, China. The spread of Covid-19 caused panic and anxiety among people worldwide. Cooperation from all communities is essential to prevent the virus from spreading further. In response, the Police in each region enforce rules based on the Chief of Police's recommendations. Law enforcement officers are directly involved in preventing the transmission of Covid-19. In carrying out their duties, the Police work in synergy with relevant agencies, the Indonesian National Army (TNI), religious leaders, and all levels of society. This research aims to examine police policies and government enforcement rules in preventing virus transmission. The study analyzes government regulations, police chief policies, and related legal sources. The findings are based on police legal regulations and government laws, implemented according to their roles and responsibilities. Law enforcement takes an active approach by promoting values and norms within communities, ensuring compliance, and addressing violations during their duties. These regulations still require discipline and transparency in handling information related to protocol violations during the pandemic.
EFFECTIVENESS OF THE MOBILE ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) IN PROSECUTING TRAFFIC VIOLATIONS IN THE JURISDICTION OF THE EAST JAVA REGIONAL POLICE FORCE Putri, Audita Amanda; Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.741

Abstract

In today's digital era, the police in the traffic sector have developed new innovations in law enforcement against traffic violations through the Electronic Traffic Law Enforcement (ETLE) system. ETLE is divided into two types, which are static ETLE and mobile ETLE. Static ETLE operates using CCTV cameras installed in certain locations, while mobile ETLE is in the form of electronic ticketing cameras installed on police patrol cars to detect traffic violations in real time. However, despite the implementation of the ETLE system, numerous traffic violations still occur in the jurisdiction of the East Java Regional Police. This study aims to examine the legal provisions related to ETLE Mobile as well as the legal sanctions imposed on traffic violators in the implementation of this system in the East Java Police area. This study uses empirical research methods, which are based on field data through observation and interviews. The approaches used include statutory and conceptual approaches, with data sources in the form of primary and secondary legal materials. The results of the study indicate that the system implementation of static and mobile ETLE is still less effective and requires further development. One of the main factors that becomes an obstacle is public awareness, where there are still many individuals who have yet to understand and comply with traffic rules. In addition, factors from law enforcement officials are also influential, such as the limited number of police personnel in the sector of traffic, as well as the lack of socialization and counseling to the public in efforts to prevent traffic violations.
AN ANALYSIS OF LAND RIGHTS MORTGAGE FROM A CIVIL LAW PERSPECTIVE Wati, Tri Anika; Yahman, Dr. Yahman; Karim, Dr. Karim
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.727

Abstract

Land is one of the natural resources controlled by the state and used for the benefit and prosperity of the people, as stipulated in Article 33 Paragraph (3) of the 1945 Constitution. The various land rights referred to in Article 4 of Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA) are further regulated in Article 16 Paragraph (1) of the UUPA, which are temporary land rights. One of the temporary land rights is a land mortgage. Based on this temporary characteristic, the researchers conducted research on agricultural land mortgage disputes. Based on the brief analysis mentioned previously, the researchers analyzed Decision Number: 20/Pdt.G/2021/PN.Blk which relates to the mortgage of land rights. This research uses a normative juridical approach by examining theories, concepts, legal principles, and regulations that are closely related to this research based on primary legal materials. The research method used is the literature method, because it requires the study of documents such as books and laws and regulations relating to the provisions and legal rules in the implementation of a land title pawn as a mortgage. The process of encumbering mortgage rights under Law No. 4/1996 involves three stages: a promise to grant Mortgage Rights, the granting of Mortgage Rights before a Land Deed Official (PPAT), and registration at the local land office. In Decision Number 20/Pdt.G/2021/PN, the plaintiffs were granted ownership of the disputed land, but the court did not rule on their claim regarding losses due to the defendant's unlawful possession after the pledge period expired.
Co-Authors Karim, Dr. Karim Liana Liana Muslihuddin, Mochammad Putri, Audita Amanda Wati, Tri Anika