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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities Acitya Wisesa: Journal of Multidisciplinary Research
Suroso, Dr. Imam
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LEGAL PROTECTION FOR WAGED WORKERS UNDER THE MINIMUM WAGE AT THE REGENCY/MUNICIPALITY LEVEL Santjoko, Muhammad Widhijanto; Suroso, Dr. Imam
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i1.631

Abstract

Wages have always been a common issue between workers and businesses because it involves a civil legal relationship that is regulated through an employment contract. The government mediates between the two parties by regulating the minimum wage, which is the responsibility of the governor in each province. Contravention of minimum wage provisions is considered a criminal offense, even though the relationship was originally intended as a civil one, and this research examines whether the policy is appropriate. This research finds and describes the provisions of the labor agreement and the ideal policy regarding the payment of wages under the minimum wage. This research uses a normative legal approach that focuses on the concepts of decriminalization and depenalization related to the payment of wages under the minimum wage. The approach used includes conceptual and statutory approaches, connecting labor law with criminal law and agreements. The sources of legal materials used include labor-related laws and legal literature, with analysis based on relevant articles. Therefore, employers, both civil legal entities and individuals, are prohibited from paying wages under the minimum wage according to Article 88E (2) of Law No. 6/2023. If violated, employers may be subject to imprisonment of up to 4 years and a fine of IDR 400 million under Article 185. This provision aims to protect workers' rights to a decent wage in each regency/ municipality.
THE ROLE OF CORRECTIONAL INSTITUTIONS IN THE IMPLEMENTATION OF PRISONER DEVELOPMENT IN CLASS I CORRECTIONAL INSTITUTION SURABAYA THROUGH THE PERSPECTIVE OF LEGAL SOCIOLOGY Margalena, Sindy; Suroso, Dr. Imam
Srawung: Journal of Social Sciences and Humanities Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v2i4.393

Abstract

The state has no right to treat a prisoner as worse or more cruel than before he or she was admitted to a prison or correctional institution. The existence of correctional institutions is needed to protect inmates against the possibility of reoffending by the inmates. Therefore, this research aims to identify several inmate development measures conducted by Class I Correctional Institution Surabaya, and to find out the implementation of the Correctional Institution’s development measures to its inmates. This type of research is empirical research combined with factual, humanitarian, and expertise approaches. Based on the research findings, it can be concluded that Class I Correctional Institution Surabaya has conducted its duties as a prisoner development institution. This can be observed from the establishment of several independence development programs, intellectual ability programs, national insight, legal awareness, and religious personality programs. However, Class I Correctional Institution Surabaya is one of the prisons that has over capacity and some constraints in implementing prisoner development. The deradicalization program is also conducted on some prisoners who were involved in terrorism crimes to change their mindset for the better.
PROBLEMS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF PRODUCTION AND DISTRIBUTION OF OPLOSAN IN EAST JAVA REGIONAL POLICE Suroso, Dr. Imam; Jamil, Dr.; Razak, M. Abdul; Ramadhina, Nabila Fitra
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.642

Abstract

The low purchasing power and high cost of legal alcoholic beverages in Indonesia has led to an increase in the demand for locally produced oplosan (mixed) alcoholic beverages. This phenomenon is a serious concern for law enforcement officials, particularly in the East Java Regional Police, considering the significant increase in the manufacture and distribution of oplosan. Despite this, the sale of legal alcoholic beverages remains quite common and high. This research aims to identify the various challenges faced by law enforcement in prosecuting perpetrators responsible for the production and distribution of oplosan. Using empirical research methodology and in-depth interviews with law enforcement officials at the East Java Regional Police, this research revealed significant difficulties in enforcing the law against this illegal practice. The findings of this research revealed that consuming illegal alcoholic beverages, such as oplosan, poses a high health risk to the people who consume them. Strict laws on alcohol consumption and the low price of oplosan have led to an increase in its sale. The production and distribution of oplosan is regulated by criminal law in Indonesia, with severe sanctions for violators. Despite the legislative framework aimed at protecting the public, law enforcers in the East Java Regional Police face obstacles, such as geographical factors, the common drinking culture, economic issues, and the lack of consequences for violators.
CONDITIONAL DEATH PENALTY SENTENCING IN THE NEW INDONESIAN CRIMINAL CODE: A NON-DEROGABLE RIGHTS PERSPECTIVE Susanto, Susanto; Efendi, Dr. Jonaedi; Suroso, Dr. Imam
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.842

Abstract

The conditional death penalty under Indonesia’s Law No. 1 of 2023 on the Criminal Code (KUHP) represents a critical reform in balancing human rights protection and state authority in criminal justice. This study examines the legal and philosophical foundations of the conditional death sentence through the perspective of non-derogable rights—particularly the right to life as an inviolable human right. Using a normative juridical methodology combining statutory and conceptual approaches, this research analyzes the new KUHP’s regulatory framework, especially Article 100, which introduces a ten-year probationary period allowing sentence conversion to life imprisonment. The findings demonstrate that conditional death sentencing serves as a middle ground between abolitionist and retentionist camps in Indonesian legal discourse. It reflects a progressive penal policy aligning with constitutional guarantees in Article 28I(1) of the 1945 Constitution and international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR). The study concludes that conditional death sentencing embodies a transitional penal paradigm—anchored in restorative and humanistic values—reaffirming the state’s dual obligation to uphold the right to life while ensuring collective security and justice.
Co-Authors Efendi, Dr. Jonaedi Jamil, Dr. Margalena, Sindy Ramadhina, Nabila Fitra Razak, M. Abdul Santjoko, Muhammad Widhijanto Susanto Susanto