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All Journal Edumaspul: Jurnal Pendidikan JURNAL EKSBIS Journal of Global Legal Review Risalah Iqtisadiyah
Eka Putra, Doni
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Religion Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Journal : Journal of Global Legal Review

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Analisis Yuridis Terhadap Tindak Pidana Permufakatan Jahat Menjadi Perantara Narkotika Dalam Putusan Nomor 295/Pid.Sus/2025/Pt Pdg Eka Putra, Doni
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.430

Abstract

Drug-related offenses are classified as extraordinary crimes due to their widespread and systemic impact on public health, national security, and future generations. One of the legal mechanisms used to prosecute drug offenders is Article 114 paragraph (1) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009 on Narcotics, which criminalizes conspiracy to become an intermediary in the sale and purchase of narcotics. This article analyzes the decision of the Padang High Court in case No. 295/PID.SUS/2025/PT.PDG, which affirmed the district court’s finding of guilt against the defendant, Yusri Gusmadi, but significantly reduced the prison sentence from seven years to two years. Using a normative legal method and case-based approach, this study evaluates whether the elements of criminal conspiracy as an intermediary were proven beyond a reasonable doubt. The analysis also critically reviews the reasoning provided by judges in both the first and appellate court decisions. The findings show that the court's conviction was not fully supported by clear and convincing evidence regarding the defendant's active involvement in the drug transaction. Moreover, the reduction of the sentence in appellate court contradicts the mandatory minimum punishment stipulated by the Narcotics Law. This paper recommends a more proportionate legal treatment based on the defendant’s actual role and intention, along with greater judicial consistency in narcotics cases.
Analisis Hukum Terhadap Pemutusan Hubungan Kerja Karena Mangkir Dalam Putusan PHI NOMOR 1/PDT.SUS-PHI/2025/PN.PDG Abdullah, Mhd. Khadafi; Eka Putra, Doni
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.437

Abstract

Termination of employment (PHK) due to absenteeism is one of the lawful grounds for dismissal as stipulated in Article 168 of Law No. 13 of 2003 on Manpower. However, in practice, this provision often leads to legal disputes, especially when the worker refuses an unfair job transfer yet continues to work at the original location. This journal examines the decision of the Industrial Relations Court in Case No. 1/Pdt.Sus-PHI/2025/PN.Pdg, which rejected the plaintiff's claim and upheld the employer’s decision to terminate the employment on the grounds of absenteeism. By applying a normative legal approach supported by case analysis, this study assesses the legality of the unilateral transfer, the procedural validity of the absenteeism claim, and the fairness of the judicial reasoning. The findings reveal that the worker had demonstrated good faith by continuing to report to the original workplace and by challenging the transfer through official bipartite and mediation mechanisms. Nevertheless, the court's judgment emphasized formal absence at the new post without considering the socio-economic realities faced by the worker. This paper recommends the refinement of legal standards on absenteeism-based terminations and the promotion of proportionality in industrial relations, especially in balancing managerial authority and worker protection.
Co-Authors Hansi Effendi Khaira, Melati M. Wahyudi, M. Mhd. Khadafi Abdullah Muslim, Mulyadi Pratama, Fahmi Achta