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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam International Journal of Business, Law, and Education Jurnal Hukum Inconcreto
Maman Suherman, Ade
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Justice and Human Rights: A Study of Legal Protection for Victims of Fabricated Arrests in Narcotics Cases Anan, Moh. Shofi; Maman Suherman, Ade; Setiady, Tri
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.9842

Abstract

Ideally, the legal system in Indonesia should guarantee justice and uphold human rights by protecting individuals from arbitrary arrests and fabricated cases. However, in reality, incidents of fabricated arrests, particularly in drug-related cases, continue to occur due to weak law enforcement and deficiencies within the system. This study aims to analyze the legal protection mechanisms for victims of fabricated arrests in drug cases from a human rights perspective, with the goal of achieving substantive justice. The methodology used is juridical-normative with a descriptive-analytical approach, utilizing primary and secondary data from literature review and analysis of relevant legal frameworks. The research findings indicate that although regulations exist that provide access to pretrial, compensation, and rehabilitation, their implementation is hindered by complicated procedures and lack of oversight over law enforcement authorities. The human rights perspective emphasizes the importance of physical, psychological, and social recovery for victims as part of efforts to achieve substantive justice.
Implementation Execution Decision Court Industrial Relations Bandung Dispute over Termination of Employment Through Bankruptcy Sahatatua , Richart; Syahrul Ansari , Teuku; Ketut Astawa , I; Maman Suherman, Ade; Asihany Pakpahan , Dessy; of Donri Tinambunan , Revelation; Budi Santoso, Imam; Noor, Aslan; Jaya Pakpahan , Edison; Florida Elyzabeth, Eka; Setiady, Try
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.904

Abstract

Study This discusses the implementation execution decision of the Court Industrial Relations (PHI) Bandung-related dispute Termination Connection Work (PHK) through mechanism bankruptcy. PHI decisions often face​ constraints in implementation, especially in unsolved layoff disputes that can quickly be executed. Bankruptcy is one of the instruments used​ to ensure workers' rights are fulfilled when the Company has financial trouble. Research This is to study how the bankruptcy process can be used as a road alternative for finishing layoff disputes and challenging the law's implementation. The research uses a legal normative approach supported by case PHI Bandung decision studies. Research results show that although Bankruptcy can become a practical solution, it requires synergy between the court and curator so execution can run optimally.
Criminal Act of Femicide in the Perspective of Human Rights: An Analysis of Law Enforcement in Indonesia Oktadiana, Viri; Maman Suherman, Ade; Setiady, Tri
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 1 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i1.9870

Abstract

This study aims to analyze the enforcement of law against femicide in the context of human rights (HR) in Indonesia. The main focus of this research is to identify the obstacles faced by law enforcement officers in handling femicide cases and to assess the extent to which legal protection for femicide victims aligns with human rights principles in Indonesia. This research employs a qualitative approach with a descriptive-analytical design, collecting data through literature studies, interviews with legal practitioners, human rights activists, and an analysis of relevant legal documents. The findings indicate that the enforcement of law against femicide in Indonesia faces various challenges, such as a lack of understanding of femicide among law enforcement, the dominance of a patriarchal culture, and weak reporting and handling mechanisms for gender-based violence cases. Legal protection for femicide victims remains ineffective, despite the existence of regulations aimed at safeguarding women's rights. This research recommends the need for enhanced legal awareness, training for law enforcement, and stronger law enforcement measures to provide better protection for femicide victims in Indonesia.
British Government Policy in Managing Refugee Problems After the British Exit in 2020: A Review from International Law Agistya Mahendra, Farhani; Wismaningsih; Maman Suherman, Ade
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1793

Abstract

The United Kingdom's withdrawal from the European Union on February 1, 2020, through Brexit (British Exit) has had significant implications for the country's refugee policies. Before Brexit, the UK's refugee policies were subject to the Dublin Convention established by the European Union, which regulated the distribution quota of refugees among member states. This provision was considered detrimental to the UK due to the surge in the number of refugees it was required to accommodate. Post-Brexit, the UK implemented a new policy, the New Plan for Immigration, which has been criticized for being inconsistent with the 1951 Convention On the Status of Refugees. This study analyses the international legal framework concerning refugee protection and evaluates the UK's policies in handling refugees after Brexit. The research employs a juridical approach using historical, statutory, and comparative methods. The secondary data is collected through literature studies and analyzed qualitatively and descriptively. The findings indicate that international refugee protection is governed by the 1951 Convention and its 1967 Protocol, the 1948 Universal Declaration of Human Rights, and other regional legal instruments. Post-Brexit, the UK faces uncertainty in handling asylum seekers as it is no longer bound by the Dublin Convention or the Eurodac system of the European Union. No formal agreement has been established between the UK and the EU regarding asylum management, creating challenges in the UK's immigration policies.
Co-Authors Agistya Mahendra, Farhani Anan, Moh. Shofi Asihany Pakpahan , Dessy Aslan Noor Budi Santoso, Imam Florida Elyzabeth, Eka Jaya Pakpahan , Edison Ketut Astawa , I of Donri Tinambunan , Revelation Oktadiana, Viri Sahatatua , Richart Setiady, Try Syahrul Ansari , Teuku Tri Setiady, Tri Wismaningsih