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All Journal AT-TURAS: Jurnal Studi Keislaman Media Hukum Indonesia (MHI)
Anindya, Salma Elsa
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Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengaturan Hukum Terhadap Penggeseran Hari Libur dan Implikasinya Terhadap Upah Lembur Tenaga Kerja di Indonesia Yuli, Yuliana; Devi, Murtanti Fajarrani; Restia, Salsabila; Anindya, Salma Elsa; Asmara, Daffi Allegra; Azzahra, Dinda; Harsanti, Khairunnisa Putri
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11396295

Abstract

The shifting of holidays has become an important issue in labor regulation in Indonesia. This policy is often carried out to increase productivity or to comply with government policies. However, shifting holidays can impact overtime wages for workers. This journal aims to analyze the legal regulations regarding holiday shifts and their implications for overtime wages in Indonesia. The research method used is normative analysis of regulations related to labor and overtime wages. The results show that the legal regulations regarding holiday shifts in Indonesia are mainly regulated in Law Number 13 of 2003 concerning Manpower. However, the implementation of these regulations has not fully accommodated the interests of workers, especially regarding overtime wages. This is due to inaccuracies in the definition and provisions related to overtime wages in the applicable law. The implications of holiday shifts on overtime wages for workers in Indonesia can be felt in various aspects, such as a reduction in overtime wages or ambiguity in calculating overtime wages due to holiday shifts. Therefore, improvements in legal regulations are needed to provide better protection for workers regarding overtime wages
Analisis Perbedaan Tindak Pidana Pencurian Pada KUHP (Kitab Undang-Undang Hukum Pidana) Baru dan Lama M, Mulyadi; Wahdah, Azzhara Nikita; Anindya, Salma Elsa; Syalsabila, Khairunnisa; A, Annisa; Anisah, Aura; Nirwana, Rena Putri; Tambunan, Joy Catherine Carina; Manullang, Halim
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11541689

Abstract

Theft is the most prevalent crime in society. It involves an individual unlawfully taking property, either in whole or in part, from someone else with the intent to own it illegally.  The crime of theft itself is recognized in law and is a type of crime against individual interests that harms other people and the surrounding community.  The Criminal Code (KUHP) strictly prohibits these crimes and emphasizes that violators will be subject to detailed and severe punishments.  This is manifested in the form of punishment or threats of punishment imposed.  In the Old Criminal Code (KUHP) and the New Criminal Code (KUHP) regarding the crime of theft, actually there has not been a very big change, where there are differences in the articles, but in this case the substance and interpretation are still unclear.  too different.  Then there are also added types of criminal acts of theft and also differences related to criminal threats for each type of theft act.  This journal studies further the differences between criminal acts of theft in the old Criminal Code (KUHP) and the new Criminal Code (KUHP).
Perlindungan Hukum Terhadap Hak dan Kewajiban Pekerja di Indonesia: Tantangan dan Solusi Anindya, Salma Elsa; Damayanti, Ratih
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14241817

Abstract

This study aims to discuss the importance of understanding rights and obligations in employment relations in Indonesia. Employers are expected to protect workers' interests through counseling, coaching, and ensuring work safety, while workers must also understand their obligations. Although there are laws regulating workers' rights, such as Law Number 13 of 2003, there are still obstacles in its implementation, including culture and lack of awareness. Real action is needed from the government to strengthen regulation and supervision. Suggestions provided include increasing socialization of rights and obligations, improving regulations, and social security for workers, especially in the informal sector, to create fair and sustainable employment relations. Effective legal protection is needed to create social justice and ensure workers' rights are respected.
Tinjauan Yuridis dan Prosedur Penanganan Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial (Studi Implementasi UU ITE No. 1 Tahun 2024) Anisah, Aura; Nirwana, Rena Putri; Anindya, Salma Elsa; Manogu Sitompul, Theodore Daniel Sebastian; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17704076

Abstract

This study aims to review the legal regulation concerning defamation through social media based on the Information and Electronic Transactions Law (UU ITE) No. 1 of 2024 and to describe the legal procedures for handling defamation crimes via social media. The method used is normative legal research with a juridical and procedural analysis approach. The findings reveal that UU ITE No. 1 of 2024 provides detailed regulation on acts of defamation through social media, including the criminal elements and sanctions imposed, such as imprisonment up to 2 years and a maximum fine of IDR 400 million. The handling procedure typically begins with a complaint from the victim to the authorities, followed by complaint registration, investigation, evidence examination, and if the elements are met, the case proceeds to prosecution and trial stages. In conclusion, the legal provisions in UU ITE offer a strong legal basis to address defamation on social media, and the procedural handling guarantees victim protection and provides a deterrent effect for offenders.
Protection of Children’s Rights in Post-Divorce Custody Decisions: A Socio-Legal Analysis of Case No. 0461/Pdt.G/2020/PA Gresik Anindya, Salma Elsa; Winanti, Atik
JURNAL AT-TURAS Vol 12, No 4 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v12i4.13215

Abstract

This study examines the regulation of child custody after divorce in Indonesia, focusing on the legal dynamics arising from the general provisions of Article 105 letter (a) of the Compilation of Islamic Law (KHI) which tends to grant custody to the mother, imagining it as the best interest of the child. The problem in this study is how legal provisions in Indonesia regulate the granting of custody to the father after divorce, and the judge's legal considerations in the Gresik Religious Court Decision Number 0461/Pdt.G/2020/PA.Gs consider the best interests of the child. This study uses a Normative Juridical research type with a regulatory, case, and conceptual approach. The data analysis technique used is descriptive qualitative. This shows that custody of the three children, including those who are not yet mumayyiz, is given to the father because the mother is proven to have committed verbal and physical violence. The judge specifically Article 105 letter (a) of the KHI and adheres to Article 4 of Law No. 35 of 2014 concerning Child Protection. This decision is also based on the father's capabilities in psychological, moral, religious, and economic aspects. This study aims to analyze the legal basis and judicial reasoning for granting custody to fathers post-divorce in Indonesia, using a normative juridical method with statutory and case approaches. The findings reveal that the court prioritized the child’s holistic welfare over maternal presumption under Article 105(a) KHI. The study contributes to strengthening the interpretation of child protection law consistent with the principle of the best interests of the child.
Co-Authors A, Annisa Andriyanto Adhi Nugroho Anisah, Aura Asmara, Daffi Allegra Atik Winanti Azzahra, Dinda Devi, Murtanti Fajarrani Harsanti, Khairunnisa Putri Manogu Sitompul, Theodore Daniel Sebastian Manullang, Halim Mulyadi M, Mulyadi Nirwana, Rena Putri Ratih Damayanti Restia, Salsabila Syalsabila, Khairunnisa Tambunan, Joy Catherine Carina Wahdah, Azzhara Nikita Yuli, Yuliana