Hayat, Gian Muzakir
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Implikasi Hukum Terhadap Hak Pekerja Harian Lepas di Era Digital: Perspektif Hukum Ketenagakerjaan Wildan, Ahmad; Hayat, Gian Muzakir; Podungge, Khalisyah Amara
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.12599595

Abstract

The digital era has changed many aspects of life, including the world of work, with the emergence of new work models such as working from home and remote work. The three main factors driving this change are technological disruption, technological adaptation, and work transformation, which have been amplified by the pandemic. Freelance work is becoming increasingly common, but is often not accompanied by adequate regulations to protect workers' rights. This research aims to analyze how labor regulations can be adapted to accommodate the new realities of the digital era and provide better protection for freelance workers. The method used is descriptive analysis with a normative juridical approach, examining labor regulations in Indonesia. The research results show that although technological advances bring benefits, many freelancers face legal status protection and lack of rights protection. More effective and comprehensive regulations are needed, as well as cooperation between governments, employers, academics and legal experts to create a fairer and more sustainable work environment.
Analisis Peran Klausula Baku Perjanjian Kredit Pinjaman Online Dalam Menangkal Penyalahgunaan Dana oleh Debitur: Studi Yuridis Terhadap Kasus Penggunaan Dana Kredit Untuk Judi Online Wildan, Ahmad; Hayat, Gian Muzakir; Akbar, Muhammad Rayhan Fasya; Daniel, Theodore
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The advancement of information technology has triggered the emergence of fintech-based online loan services, providing easier access to financing for the public. While offering convenience, these services also raise legal issues, particularly concerning the misuse of loan funds for illegal activities such as online gambling. This study aims to evaluate the extent to which standard clauses in online loan agreements are effective in preventing the misuse of funds by borrowers, and to examine this from the perspective of contract law. The findings indicate that standard clauses are generally unilaterally drafted by the service providers without explicitly prohibiting the use of funds for unlawful activities. This situation leads to weak control over fund usage and limited legal accountability. From a contract law perspective, such misuse can be considered a violation of the agreement's purpose and the principle of good faith, potentially resulting in a breach of contract.
Analisis Penghinaan Terhadap Lembaga Peradilan (Contempt of Court) : Studi Kasus Pelanggaran Etik Pengacara Razman Arif Nasution Akbar, Muhamad Dafi; Hayat, Gian Muzakir; Dimitri, Lucia Abrielle; Wildan, Ahmad; Siringoringo, Raymond Erlangga
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The phenomenon of contempt of court has garnered increasing attention in Indonesia’s legal practice, especially when such actions are committed by legal professionals such as advocates. This research is prompted by the case of Razman Arif Nasution, an advocate who allegedly committed contempt of court by making public statements that discredited judges and judicial proceedings. The purpose of this study is to analyze the form of contempt of court committed and examine the existing legal framework regulating and addressing such conduct in Indonesia. This research uses a normative juridical method with a case study approach. The findings indicate that Razman Arif Nasution’s actions violated the Indonesian Advocate Code of Ethics, particularly Article 6 point (c), and may also constitute criminal offenses under Articles 217 and 310 of the Indonesian Penal Code (KUHP). Although the new Criminal Code (Law No. 1 of 2023) begins to regulate contempt of court in a more structured manner, there remains a need for a dedicated and comprehensive law. This study underscores the importance of establishing specific legislation and strengthening the enforcement of professional ethics for advocates.