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PENERAPAN HUKUM PROGRESIF UNTUK PENEGAKKAN HUKUM DI DALAM PUTUSAN HAKIM YANG BERKEADILAN Mansur, Mansur; Atoillah, Atoillah; Yamin, Saefullah
Yustitia Vol. 10 No. 2 (2024): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i2.285

Abstract

Indonesian judicial practice where justice is often measured based on the application of laws and regulations on-sich so that judges in deciding cases as they are in the law, then the decision is considered a fair decision. Many things happen in the judicial process in our country where it is not uncommon for law enforcers to be trapped in laws and regulations that are free from values, so that injustice arises and finally makes the people miserable. The purpose of this study is to explain why judges' decisions are influential in an effort to provide fair law enforcement, as well as to explain the need for the application of progressive law in law enforcement. The method used in this scientific dissertation uses two approaches, including the socio-legal approach, which is qualitative, based on literature data, and the normative juridical approach is used to analyze the norms of laws and regulations. Judges must indeed decide based on the law, but in fact they do not only spell out the text of the law, but decide what is stored in the text, the philosophy behind progressive law is not law for law, but law for man. So that the judge's decision is not necessarily only a decision that is ready to be displayed in the text, but the values contained in the decision must provide a sense of justice.
Managerial Strategies for Enhancing Competitiveness and Adapting to Business Environmental Dynamics: A Case Study of CV. Putra Seneja pandriyani, yosie kristin; Atoillah, Atoillah; Muhimim, Muhimim; Munawaroh, Munawaroh
Implementasi Manajemen & Kewirausahaan Vol 4 No 2 (2024): JURNAL IMKA (OKTOBER)
Publisher : Prodi Manajemen Fakultas Ekonomi dan Bisnis Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38156/imka.v4i2.517

Abstract

This research aims to analyze the managerial strategies implemented by CV. Putra Seneja in increasing company competitiveness amidst the dynamics of a complex business environment. In facing the challenges of globalization, technological developments and regulatory changes, companies implement strategies that include innovation, resource management and adaptation to external changes. This research uses a descriptive qualitative approach, with data collection methods through interviews, participant observation, and documentation on CV. Putra Seneja, Cilegon City. The research results show that the company implements a differentiation and focus strategy, targeting small to medium scale infrastructure projects in the local market. However, the challenges faced include limitations in technology adoption and the impact of government policies on the projects being implemented. This research also highlights the importance of implementing sustainability principles in company operations, including the use of environmentally friendly materials. In addition, the use of digital technology, developing human resource capacity, and adapting to policy changes are key factors in increasing a company's competitiveness and sustainability. These findings are expected to contribute to companies in designing more effective strategies to face global competition and achieve long-term goals.
Legal Remedies for Default Against Default Decisions in Divorce Lawsuits (Case Study of Indramayu Religious Court Decision Class IA Number 731/Pdt.G2024/PA.IM) Atoillah, Atoillah; Mansur, Mansur
Gema Wiralodra Vol. 16 No. 1 (2025): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v16i1.796

Abstract

Legal Efforts of Verzet (resistance) are a form of resistance to the Verzet decision that has been issued by the Panel of Judges at the first instance Court (Religious Court), which is filed by the Defendant . In Verzet cases , unwanted problems usually occur, so the party who feels aggrieved can file a Verzet resistance . The issuance of the Verzet decision is the impact of the Village official or third party who immediately does not submit a release of the Court's summons so that in the process of examining a divorce case at the Religious Court, Verzet Decisions often occur so that this situation becomes a problem that becomes a common enemy for both the party that issued the decision product, namely the Indramayu Religious Court and the community seeking justice. So it is not surprising that the three defendants made resistance efforts (verzet) and even criminal reporting efforts for perpetrators who removed and did not submit the release of the summons to the defendant and even to the plaintiff. The research method used in this study is normative legal research. Qualitative research such as using non-numerical data, such as interviews, observations, and text analysis, to understand the social and cultural phenomena that occur. With the problem of what is the legal basis for the default decision of the Indramayu Religious Court Number 731/Pdt.G/2024/PA.IM. to provide a sense of justice and what legal efforts are made in cases with default decisions against the defendant based on the decision of the religious court Number 731/Pdt.G/2024/PA.IM . This study examines two important aspects in Indonesian civil procedural law related to default decisions. First, a comprehensive review of the default decision process which is a decision that is issued without the presence of the defendant even though he has been properly summoned, including the procedure for a valid summons, examination of the completeness of the lawsuit, the judge's considerations, and the defendant's right to file a default legal remedy. Second, an analysis of the considerations of the Panel of Judges in deciding the case of objection to the default decision in the case of divorce lawsuit Number: 731/Pdt.G/2024/PA.IM, with an emphasis on formal and material aspects, including the validity of the summons procedure, the absence of the defendant, the validity of the submission of the default, and the substance of the objection filed by the defendant. This study aims to analyze the suitability between the theory of civil procedural law and judicial practice in the specific context of divorce lawsuit cases in the Religious Court.