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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Journal of Social Humanities and Education: Scripta Humanika Custodia: Journal of Legal, Political, and Humanistic Inquiry
Hery Kurniawan Zaenal
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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HAKIKAT PERSETUJUAN MAJELIS KEHORMATAN NOTARIS SEBAGAI UPAYA PERLINDUNGAN HUKUM PADA NOTARIS DALAM PROSES PERADILAN Hery Kurniawan Zaenal
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 1 No. 2 (2022): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v1i2.867

Abstract

This study aims to: (1) analyze and discover the nature of the approval of the Notary Honorary Council as an effort to protect the law against notaries in the judicial process; (2) Analyze and find law enforcement for Notaries related to Professional Ethics. This type of research is normative law. While the research approach used, namely: Legislation, conceptual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The regional MKN has the authority to examine applications submitted by investigators, public prosecutors or judges; as well as giving approval or rejection of requests for approval to take photocopies of minuta deed and summons Notaries to attend investigations, prosecutions, and judicial processes (66 paragraph (1) UUJNP), (2) Sanctions imposed on Notaries who violate the professional code of ethics are regulated in Article 85 UUJN, namely in the form of: Verbal warning; Written warning; temporary stop; Honorable discharge; and Dishonorable Dismissal by the Notary Honorary Council.
RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 49/PUU-X/2012 TENTANG PEMBATALAN PASAL 66 AYAT (1) UUJN-2004 Hery Kurniawan Zaenal
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 1 No. 3 (2022): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v1i3.868

Abstract

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.
Dekonstruksi Asas Kepastian Hukum dalam Regulasi Ketenagakerjaan Indonesia Deki Satriawan; Hery Kurniawan Zaenal; Achmad Nur Wachid; Yudhistira Prawira Utama; Marco Orias
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/5jndj790

Abstract

This article examines the deconstruction of legal certainty within Indonesian labor regulation by situating it in contemporary political–legal transformations. Using systematic library research, the study synthesizes doctrinal analyses, constitutional debates, and critical legal scholarship on omnibus legislation, employment relations, and regulatory governance. The findings demonstrate that legal certainty has progressively shifted from a substantive principle protecting workers’ rights toward an instrumental and procedural construct serving regulatory flexibility, economic competitiveness, and administrative efficiency. This transformation produces normative fragmentation, weakens coherent protection standards, and generates interpretive asymmetries between legislation, implementing regulations, and judicial practices. By integrating deconstructive legal theory with labor law analysis, the article reveals how legal certainty operates as a contingent discourse rather than a fixed normative guarantee. The study contributes theoretically by reframing legal certainty as a dynamic and contested concept, and methodologically by offering a replicable synthesis model for critical normative research
Kepastian Hukum Pemutusan Hubungan Kerja karena Efisiensi Perusahaan Berdasarkan Undang-Undang Nomor 6 Tahun 2023 tentang Cipta Kerja Achmad Nurwachid; Deki Satriawan; Hery Kurniawan Zaenal; Yudhistira Prawira Utama; Marco Orias
Jurnal Sosial Humaniora dan Pendidikan Vol 1 No 2 (2025): November: Jurnal Sosial Humaniora dan Pendidikan: Scripta Humanika
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/vpva8t20

Abstract

Termination of employment (PHK) due to company efficiency poses significant legal and social challenges in Indonesia, especially after the enactment of Law Number 6 of 2023 concerning Job Creation. This study uses a normative juridical approach to analyze legal provisions, court decisions, and legal literature related to efficiency-based PHK, with a systematic and teleological interpretative framework. The results of the analysis show that although the Job Creation Law stipulates procedures and normative rights for workers through Articles 161–165, there are normative and implementative gaps that cause legal uncertainty, social conflict, and the risk of procedural injustice for workers. The socio-legal study shows that the effectiveness of legal norms depends not only on formal compliance by companies, but also on the integration of norms, practices, and the socio-economic conditions of workers. These findings emphasize the need for participatory mediation mechanisms, procedural transparency, and consistent protection of normative rights to strengthen legal certainty and social justice in the practice of efficiency-based termination. This research provides theoretical and practical contributions to the development of labor laws that are responsive to social dynamics.
Co-Authors Achmad Nur Wachid Achmad Nurwachid Deki Satriawan Marco Orias Yudhistira Prawira Utama