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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Legalita Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Journal of International Islamic Law, Human Right and Public Policy
Moh. Lubsi Tuqo Romadhan
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

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Hak Pendidikan bagi Pekerja Migran dalam Dinamika Globalisasi: Analisis Hukum Internasional dan Realitas Sosial Afriansyah Tanjung; Dinda Riskanita; Maela Khoirul Ummah; Moh. Lubsi Tuqo Romadhan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study examines the rights to freedom of association and education for Indonesian migrant workers (PMI) within international and domestic (Hong Kong and Indonesia) legal frameworks. The research questions focus on how legal norms regulate these rights and the structural, cultural, and legal barriers faced by PMI. An empirical legal approach combines legislative analysis (UDHR Article 26, ICESCR Articles 13-14, ICMW Article 43, and Hong Kong local regulations) with a case study of PMI experiences. Primary data were collected from interviews with PMI, diaspora communities, and NGOs, while secondary data came from legal documents and reports. Descriptive qualitative analysis reveals that, despite international norms guaranteeing education rights, PMI face exploitation, long working hours, and limited employer support, restricting access. The Open University program offers opportunities, but success depends on individual initiative and community support. Collaboration between governments and NGOs is essential for inclusive education access.
Penyelesaian Sengketa Jasa Konstruksi Melalui Jalur Non-Litigasi Ummah, Maela Khoirul; Afriansyah Tanjung; Moh. Lubsi Tuqo Romadhan
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2083

Abstract

This study examines the mechanisms for resolving construction service disputes through non-litigation channels as an alternative to court proceedings. The focus of the study is on out-of-court settlements that offer a voluntary, informal, cost-effective, and time-efficient approach, making them the preferred choice for disputing parties. The research questions include: first, what are the mechanisms and procedures for resolving construction service disputes through non-litigation channels; second, what are the comparative advantages of non-litigation dispute resolution compared to the court process. This study uses a normative juridical method, relying on secondary data as the primary source, analyzed descriptively and analytically through an approach based on relevant laws and regulations in the construction services sector. The results of the study show that non-litigation channels are highly preferred among construction industry players due to the significant advantages they offer. These advantages include: a fast and efficient resolution process that does not hinder construction projects; confidentiality guarantees that protect the parties' reputations; the appointment of mediators or arbitrators with integrity and technical expertise in construction; as well as the potential to achieve a win-win solution that maintains long-term business relationships among the parties. These findings confirm that non-litigation mechanisms such as negotiation, mediation, conciliation, and arbitration provide practical added value in resolving construction disputes compared to conventional litigation processes, which tend to be time-consuming, costly, and adversarial.
Organizing Halal Certification Services After Law No 6 Cipta Kerja 2023 Case Study Halal Center Uin Sunan Kalijaga Warsis Mawardi; Muchammad Ichsan; Moh. Lubsi Tuqo Romadhan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5500

Abstract

Law Number 06 of 2023 concerning Halal Product Guarantee is one of the laws included in the structuring cluster of the Law on Job Creation (omnibus law). Several provisions / norms were changed as an effort to regulate regulations for the ease of business licenses in Indonesia, Halal certification for MSE Products, changes in the authority to accredit the Halal Examining Agency (LPH), the authority to certify Halal Auditors, the involvement of Islamic organizations in the implementation of LPH, simplifying the bureaucracy, the timing of issuing Halal certificates and changing sanctions for norm violations are some of the provisions that distinguish between the Law on Halal Product Guarantee and the Law on Job Creation in this Halal Product Guarantee (JPH) cluster. This method was chosen because the analysis cannot be in the form of numbers and researchers describe all phenomena that exist in society clearly. This research also contains facts that occur in the field and an overview of the role of the Halal Center UIN Sunan Kalijaga in carrying out the mandate of the Job Creation Law on Halal Product Guarantee so that it can then be studied in depth with theoretical approaches. LP3H UIN Sunan Kalijaga has conducted 6 batches of PPH Facilitator Training, from March - July 2022 and from around 1400 participants only graduated 900 PPH Facilitators from all over Indonesia. In 2023, LP3H UIN Sunan Kalijaga began to hold PPH Facilitator Training, as of July 2023 it has conducted up to 12 batches of training, and from 2200 participants graduated 1400 PPH Facilitators from all over Indonesia. The cost comparison after the existence of the Job Creation Law is quite significant where previously they had to pay a minimum of Rp. 2,500,000, - while now it is only 0 rupiah or free
CRIMINAL LEGAL RESPONSIBILITY FOR THE USE OF NURSING PERSONNEL IN ANESTHESIA SERVICES: A LEGAL ANALYSIS FROM THE PERSPECTIVE OF LAW NUMBER 17 OF 2023 CONCERNING HEALTH Bahrun Sihotang; Moh. Lubsi Tuqo Romadhan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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The use of nursing staff in anesthesia services has become a common practice in various Indonesian healthcare facilities. However, the arrangement of authority between "Nurse Anesthesiologist" and "Anesthesia Administrator" creates legal ambiguity that has the potential to lead to criminal liability in the event of malpractice. The purpose of this study is to analyze the construction of criminal liability for nurses and healthcare institutions in anesthesia services based on Law No. 17/2023 and to examine the limits of clinical authority that form the basis of such liability. The research method used is a normative juridical method with a statutory and conceptual approach. Analysis was conducted on related sectoral regulations and court decisions. The results of the study show that Law No. 17/2023 provides a clear legal basis regarding the obligations, authority, and criminal sanctions for nursing staff in anesthesia services. Negligence in anesthesia practice is a form of legal error that can give rise to criminal liability. Criminal liability is personal in nature, but under certain conditions it can be extended to healthcare institutions. The integration between Law No. 17/2023 emphasizes the importance of professional, safe and effective health service management obey the law. The implications of the research results are that Law No. 17/2023 have provided a strong legal basis in regulating the practice of nursing personnel in anesthesia services, so that any negligence committed must be in accordance with the established authority. Negligence in anesthesia practice is not only seen as a professional error, but also as an unlawful act that can give rise to criminal liability both individually and under certain conditions on a procedural basis.
Co-Authors Bahrun Sihotang Dinda Riskanita Muchammad Ichsan Tanjung, Afriansyah Ummah, Maela Khoirul Warsis Mawardi