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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
Prasetyo, Dr. Dossy Iskandar
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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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IMPLEMENTATION OF GRANTING HEALTHCARE FACILITIES RIGHTS FOR PREGNANT FEMALE PRISONERS AT CLASS II A SURABAYA WOMEN’S PENITENTIARY Lestari, Yashinta Dwi; Prasetyo, Dr. Dossy Iskandar
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.362

Abstract

The fulfilment of prisoners’ rights must be granted to every prisoner, including children, men, and women, as stipulated in Law No. 12/1995. Fulfilment of these rights includes the right to receive healthcare and proper food. The treatment between female and male prisoners is quite different, especially for pregnant prisoners. Therefore, this research aims to find out the implementation of granting healthcare facilities to pregnant prisoners in women’s detention centre class IIA Surabaya. This type of research is empirical juridical with a combination of qualitative and quantitative approaches. There are 2 sources of legal material used, such as (1) the primary legal source comes from community legal aid institutions, the right to health pocket book, Law No. 22/2022 on correctional facilities, Law No. 39/1999 on human rights; (2) the secondary legal source comes from the results of filling out questionnaires and interviews. Although the health facilities provided in the detention centre are supportive, some pregnant prisoners stated that the health services provided were inadequate and there was a lack of counselling on pregnancy programmes. Therefore, the detention centre seeks to fulfil the health rights of pregnant prisoners as stated in Law No. 22/2022.
POLITICAL DEMOCRACY AND JUDICIAL VALUES: A PHILOSOPHICAL APPROACH TO JUSTICE AND DEMOCRACY THROUGH LEGAL PHILOSOPHY Prasetyo, Dr. Dossy Iskandar
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.522

Abstract

This research analyzes the political democracy that is based on the fourth principle of Pancasila and the legal value from the perspective of legal philosophy. Legal philosophy research is directed at understanding the moral and legal imperatives contained in the concept of political democracy according to the fourth principle of Pancasila. This research uses a doctrinal legal method with a theoretical approach to find the conceptual basis of legal principles and examine the cumulative effect of various rules and procedures in a particular area of activity. There are two important points produced from this research, which are (1) the judicial values of political democracy in the fourth principle of Pancasila are closely related to Soekarno’s perception of Pancasila as the ideology of Indonesian people, which prioritizes harmonious life in diversity; (2) there are four main values in political democracy in the fourth principle of Pancasila, such as (a) democracy must be based on morals, (b) power must be used for the welfare of the people, (c) elections must be held with ethics and good manners, and (d) decisions must be reached through deliberation and consensus for the common good.
THE LEGAL POSITION OF THE HUMAN RESOURCES POSITION IN REPRESENTING THE LEGAL INTERESTS OF EMPLOYERS IN THE WORK AGREEMENT BETWEEN EMPLOYERS AND EMPLOYEES Wicaksono, Luther Pamungkas; Prasetyo, Dr. Dossy Iskandar
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.v3i2.562

Abstract

Human resources positions in companies hold a strategic role in empowering and optimizing employee performance, which contributes to the company’s progress. As an employee of the company, the human resources position holds a legal position in managing employee matters and board of directors policies that represent the company’s interests. In order to carry out this role, the human resources position requires authorization in order to ensure a strong legal foundation, thus ensuring that the actions taken are not detrimental to the company. This research applies normative juridical method with secondary data collected through literature study and analyzed qualitatively normative. HR’s position is important in representing the employer’s legal interests, but is limited by company regulations. Delegation of legal authority must be regulated by law and cannot be arbitrary. Rights and obligations in the employment agreement remain with the employer unless there is an official power of attorney. Without a power of attorney, HR actions are invalid. Proper delegation provides a strong legal basis for HR, especially in employment agreements. Employment Law emphasizes the importance of official delegation for HR actions to be valid, so without a power of attorney, legal responsibility becomes personal, not corporate.
LEGAL FRAMEWORK AND CREDITOR RIGHTS IN BANKRUPTCY: ANALYZING PROPERTY COLLATERAL PROTECTION Zuroidah, Zakiyah Nur; Prasetyo, Dr. Dossy Iskandar
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.v3i1.636

Abstract

Bankruptcy is a legal process to settle the debts of debtors who are unable to pay their debts. In this process, the rights of creditors holding collateral may be affected. Uncertainty occurs because creditors do not control whether they can execute the collateral themselves or have to wait for the curator’s decision. In bankruptcy, property secured creditors face substantial risk of recovering their receivables. Property collateral, such as land and buildings, is often the main collateral to protect creditors' rights. However, complex insolvency procedures and lack of legal clarity often put creditors in a vulnerable position. This research analyzes the existing legal framework and how it protects the rights of secured creditors. Clearer and stronger protections are needed to create legal certainty and maintain financial system stability. This research uses a normative legal approach with statutory and conceptual methods. The results indicated that creditors holding collateral have the right to execute collateral through parate executie (direct execution), but are limited by the stay provisions in the Bankruptcy and PKPU Law. The curator can also execute the collateral with the approval of the supervisory judge and creditors. Both creditors and the curator can auction the collateral. In bankruptcy, creditors holding collateral have the priority right to execute the collateral. If the proceeds from the execution are not enough to pay off the debt, the creditor can submit the remaining bills as a concurrent creditor to the curator.
GAMBLING CHARACTERISTICS PURSUANT TO CRIMINAL LAW RELATED TO BINOMO APPLICATION Sadjijono, Prof. Dr. Sadjijono; Moersidin, Murry Darmoko; Prasetyo, Dr. Dossy Iskandar; Catalina, Jane
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.v3i4.684

Abstract

Binomo is an online trading platform that provides a wide selection of assets to trade (foreign currencies, gold, and stocks). The Binomo application shows a graphic display (chart) where the chart displays the price movement of an asset. The purpose of this study is to determine the characteristics of gambling in Indonesian criminal law and analyze the Binomo application in the perspective of gambling crime. This research is a type of normative research that describes in detail the social phenomena that are the subject matter in everyday life associated with using a statutory approach. The results of this study indicate that the characteristics of the Binomo application have fulfilled the elements of gambling in Article 27 Paragraph 2 of the Electronic Information and Transactions Law because of the element of intentionally making accessible Electronic Information and/or Electronic Documents that have gambling content. This is proven by the existence of the Binomo website which is categorized as an electronic document and contains gambling characteristics, namely guessing with a deposit as a bet and can be accessed by the public easily.
HAZARDOUS AND TOXIC WASTE (HTW) MANAGEMENT LIABILITY IN THE PERSPECTIVE OF CIVIL LAW Prasetyo, Dr. Dossy Iskandar; Puspitasari, Enggar
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.v3i1.635

Abstract

A person or legal entity can assume responsibility for hazardous and toxic waste (HTW) management. The Environmental Protection and Management Law (UUPLH) aims to protect the environment from pollution, including HTW. This waste is generated from industrial or human activities that pose a great potential for environmental damage and threats to the lives of the living. Therefore, HTW should be managed properly to prevent pollution that endangers the ecosystem. Business actors or communities that are unable to manage HTW independently can seek the assistance of third parties who have expertise in the management of such waste. This collaboration is necessary to assure that HTW is managed effectively, in accordance with applicable regulations, thus avoiding additional risks to the environment and public health. This research aims to increase awareness of the importance of HTW management and the inherent responsibilities of the parties involved. This research adopts a normative juridical approach, which refers to regulations, legal concepts, and relevant literature studies. Drawing on secondary data obtained from relevant literature and regulations related to HTW, this research highlights the importance of HTW management in preventing threats to the environment and ensuring the sustainability of the living environment. The findings of this research suggest that proper HTW management is key to protecting the environment from the dangers of pollution and supporting the sustainability of ecosystems and human welfare in the future.
THE IMPLEMENTATION OF CONSTITUTIONAL COURT DECISION NO. 2/PUU-XIX/2021 ON THE EXECUTION OF MOVABLE OBJECTS AS FIDUCIARY GUARANTEE Boimau, Dibertius; Prasetyo, Dr. Dossy Iskandar; Patrianto, Dr. Bangun
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.v3i4.736

Abstract

Fiduciary guarantees have an important role in the implementation of credit in Indonesia, where creditors can use movable objects as collateral to ensure debt repayment by debtors. However, despite being regulated in Law No. 42/1999 on Fiduciary Guarantee, the execution of movable objects as fiduciary objects often raises legal issues, especially in relation to the protection of debtors' rights. This research focuses on the application of Constitutional Court Decision Number 2/PUU-XIX/2021 which discusses the constitutionality of Article 15 Paragraph (2) related to the execution of fiduciary guarantees. The formulation of the problems raised includes the form of legal protection for debtors against defaults committed by creditors and the mechanism for executing fiduciary guarantees. The research method used is normative juridical with a legislative approach and case studies. The results showed that the Constitutional Court's decision affirmed the creditor's right to execute the fiduciary certificate without going through the court, as long as the certificate has been registered. However, protection for debtors must still be considered, especially in the context of potential defaults from creditors. This decision strengthens legal certainty in fiduciary execution, but also demands stricter supervision to prevent abuse of power by creditors. Thus, the balance of rights between creditors and debtors can be maintained in accordance with the principles of justice in Indonesian security law.
Co-Authors Boimau, Dibertius Catalina, Jane Lestari, Yashinta Dwi Moersidin, Murry Darmoko Patrianto, Dr. Bangun Puspitasari, Enggar Sadjijono, Prof. Dr. Sadjijono Wicaksono, Luther Pamungkas Zuroidah, Zakiyah Nur