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KEBEBASAN BERSERIKAT DAN BERKUMPUL DALAM PERSPEKTIF HAK ASASI MANUSIA Tarmudi, Tarmudi; Widagdo, Gatot Subroto; Putra, Rengga Kusuma; Saragih, Geofani Milthree; Amelia, Risky
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10654

This study aims to analyze freedom of association and assembly from a human rights perspective, and explore the challenges faced in its implementation in various countries. The scope of the study includes a review of various cases of violations of the right to freedom of association and assembly, both in countries with democratic and authoritarian systems. In addition, this study will also discuss the role of international organizations and civil society in promoting and protecting these rights. This study will not only discuss the theory and basic principles of freedom of association and assembly, but will also dig deeper into how these rights are implemented in practice, the challenges faced, and steps that can be taken to strengthen the protection of these freedoms throughout the world. This study is expected to make a significant contribution to understanding the complexity of freedom of association and assembly and its impact on human rights as a whole. This study uses a qualitative approach with a case study design. The qualitative approach was chosen because it allows researchers to dig deeper into freedom of association and assembly in the context of Human Rights (HAM).

KEBEBASAN BERSERIKAT DAN BERKUMPUL DALAM PERSPEKTIF HAK ASASI MANUSIA Tarmudi, Tarmudi; Widagdo, Gatot Subroto; Putra, Rengga Kusuma; Saragih, Geofani Milthree; Amelia, Risky
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10654

This study aims to analyze freedom of association and assembly from a human rights perspective, and explore the challenges faced in its implementation in various countries. The scope of the study includes a review of various cases of violations of the right to freedom of association and assembly, both in countries with democratic and authoritarian systems. In addition, this study will also discuss the role of international organizations and civil society in promoting and protecting these rights. This study will not only discuss the theory and basic principles of freedom of association and assembly, but will also dig deeper into how these rights are implemented in practice, the challenges faced, and steps that can be taken to strengthen the protection of these freedoms throughout the world. This study is expected to make a significant contribution to understanding the complexity of freedom of association and assembly and its impact on human rights as a whole. This study uses a qualitative approach with a case study design. The qualitative approach was chosen because it allows researchers to dig deeper into freedom of association and assembly in the context of Human Rights (HAM).

Analisis Kasus Kecelakaan Lion Air JT610: Tinjauan Pidana dan Tanggung Jawab Korporasi dalam Keselamatan Penerbangan Widagdo, Gatot Subroto; Datu, Seti Citra Kadang; Robbani, Hamzah
Decisio: Jurnal Ilmiah Hukum Vol 1 No 1 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i1.6

In the modern era, air transportation has become a necessity for society, especially with the growth of the middle class in Indonesia. Although it brings advantages in terms of speed and comfort, the aviation industry also faces infrastructure and air traffic management challenges. On October 29 2018, the Lion Air JT610 crash tragedy occurred, killing all passengers and crew members. An in-depth analysis of this accident highlights issues of corporate responsibility and criminal law, demonstrating the complexity of responsibility in the aviation sector. This study applies a qualitative descriptive approach, which means this study describes the findings in a narrative format. From the competition between Boeing and Airbus to limited access to information resulting from investigations, this case highlights the importance of transparency, accountability and prioritizing safety in the aviation industry. The findings from the investigation should serve as a basis for improving and implementing more stringent safety standards in related industries. It is hoped that the lessons learned from this incident can avoid similar tragic incidents in the future.

LEGAL CERTAINTY OF THE IMPLEMENTATION OF FIXED-TIME EMPLOYMENT AGREEMENTS AFTER THE LABOR CREATION ACT OF 2023 Widagdo, Gatot Subroto
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1886

This study aims to analyze legal certainty in the implementation of Fixed-Term Employment Agreements (PKWT) following the enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. This regulation brings significant changes to the provisions of PKWT, previously stipulated in Law Number 13 of 2003 concerning Manpower. Using a normative legal approach, this study examines the paradigm shift from a system that primarily protects workers to one that is more flexible and oriented toward business interests. The results indicate that although the Job Creation Law provides greater flexibility for employers and adds new forms of protection in the form of compensation and electronic registration, the elimination of contract time limits and the provision for automatic conversion of PKWT to PKWTT reduces legal certainty for workers. To achieve a balance between employer interests and the protection of workers' rights, strengthening derivative regulations, increasing labor oversight, and providing legal education for all parties is necessary to ensure that the implementation of PKWT is carried out in accordance with the principles of justice and legal certainty in Indonesia's rule of law.

Efektivitas Sanksi Administratif Kppu Dalam Penegakan Pasal 23 Undang-Undang No. 5 Tahun 1999 (Analisa Perkara Nomor 08/Kppu-L/2024 entang Dugaan Persekongkolan untuk Mendapatkan Rahasia Perusahaan) Widagdo, Deztu Ramadyto; Widagdo, Gatot Subroto
LITERATUS Vol 8 No 1 (2026): Jurnal Ilmiah Sosial-Budaya Internasional
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v8i1.2237

This study aims to analyze the legal reasoning underlying the imposition of administrative sanctions by the Business Competition Supervisory Commission (KPPU) in Case Number 08/KPPU-L/2024 concerning the violation of Article 23 of Law Number 5 of 1999 on conspiracy to obtain trade secrets, as well as to evaluate the effectiveness of such sanctions in creating a deterrent effect and preventing similar violations in the future. The research focuses on the repressive, preventive, and educative functions of administrative sanctions within the framework of trade secret protection and competition law enforcement. This research employs a normative juridical method with descriptive and evaluative characteristics. The approach involves an analysis of relevant legal norms, principles, and doctrines, as well as a comprehensive examination of KPPU Decision Number 08/KPPU-L/2024. Data were analyzed qualitatively by assessing the conformity of the application of Article 23 of Law No. 5 of 1999 with the legal framework governing trade secrets under Law No. 30 of 2000, using the theory of legal effectiveness as the analytical framework. The findings indicate that the Commission Panel, in imposing administrative sanctions, considered the elements of conspiracy, the degree of fault, the impact on business competition, and the principle of proportionality. Normatively, the sanctions imposed comply with applicable legal provisions. However, in terms of effectiveness, the deterrent impact of administrative sanctions requires further strengthening, particularly in implementation and in enhancing legal awareness among business actors. The study concludes that although the administrative sanctions fulfill their repressive function, their preventive and educative effectiveness largely depends on consistent law enforcement and regulatory reinforcement to ensure stronger protection of trade secrets within Indonesia’s competition law regime.

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