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All Journal Jurnal Hukum Lex Generalis
Dharma Setiawan Negara
Universitas Sunan Giri Surabaya
Law, Crime, Criminology & Criminal Justice

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Regulatory Dynamics And Worker Rights Protection: An Evaluation Of Labor Law And Job Creation In Indonesia Dharma Setiawan Negara; Agung Satryo Wibowo; Didit Darmawan; Budi Santoso; Nanang Saputro Agung Widodo
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

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Abstract

The reform of labor law in Indonesia, particularly through the Job Creation Law, aims to adapt labor policies to the demands of the global market and strengthen the national economy. This study evaluates the effectiveness of Law Number 13 of 2003 on Manpower and the changes brought by the Job Creation Law, focusing on the protection of workers' rights and its effect on social justice. The analysis shows that while the new law offers greater flexibility in employment contracts and working period arrangements, there is a significant risk of a reduction in worker protection standards. The study underscores the urgent need for more effective oversight mechanisms and policy advice to ensure that the legal changes contribute positively to workers' lives without compromising their rights.
Pembatasan Upaya Hukum Peninjuan Kembali di Jerman dan di Indonesia Dharma Setiawan Negara; Erwin Susilo; Khairul Umam Syamsuyar
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.1242

Abstract

Judicial review (PK) is an extraordinary legal effort that allows criminal cases to be reopened even though they already have permanent legal force (res judicata). This mechanism aims to correct judicial errors that can occur due to novum, judge's error, or conflicting decisions. However, in the Indonesian legal system, PK can only be submitted by the convict or his heirs, which has given rise to debate regarding limited access to justice. This study highlights the relevance and implications of these limitations and compares them with legal systems in other countries, such as Germany, which implements the Wiederaufnahme des Verfahrens mechanism in the Strafprozessordnung (StPO). Through comparative analysis, it was found that the Indonesian legal system still has normative ambiguity in determining the limits of judge error and the category of novum that can be used as the basis for a PK. This study proposes a reformulation of the PK concept that is more inclusive, by expanding the subjects who have the right to apply for a PK not only limited to the convict or his heirs, but also other parties who have legal interests. In addition, stricter regulations are needed regarding the limits of judge error and the validity of the novum, as implemented in Article 359 of the German StPO.
Analisis Kritis terhadap Relevansi Asas Ne Bis In Idem dalam Perkara Perceraian Dharma Setiawan Negara; Erwin Susilo; Lufsiana
Jurnal Hukum Lex Generalis Vol 6 No 6 (2025): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i6.1243

Abstract

Marriage in Indonesia is regulated by Law Number 1 of 1974 concerning Marriage in conjunction with Law Number 16 of 2019. One form of dissolution of marriage is through divorce decided by the court. This study examines the application of the principle of ne bis in idem in divorce cases, namely the legal principle that prohibits the retrial of the same case that has obtained permanent legal force. This study found differences in academic opinion regarding its application in divorce cases. Some legal experts argue that ne bis in idem applies in divorce cases, while others consider this principle inappropriate to apply considering the dynamics of emotional relationships and the possibility of new legal facts emerging. This study also discusses the regulation of divorce law in Indonesia, both for Muslims and non-Muslims, divorce procedures, and the legal consequences that arise, such as child custody and division of joint property. The findings indicate the need for special regulations, for example through a Circular of the Supreme Court, to provide legal certainty in the application of the principle of ne bis in idem in divorce cases.
Eksaminasi Keabsahan Penggeledahan dan Penyitaan dalam Praperadilan: Rekonstruksi Kewenangan dengan Pendekatan Plain View Doctrine Erwin Susilo; Dharma Setiawan Negara; Muhammad Rafi
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1244

Abstract

Pretrial motion in Indonesia, inspired by the principle of habeas corpus, has the authority to test the legality of law enforcement actions, including searches and seizures. However, this mechanism is *post-factum* and limited to formal aspects, such as the completeness of the warrant, without assessing the material requirements that determine the legality of the action. This limitation has the potential to cause injustice, especially in cases of urgent searches and seizures, where officers often act without prior court permission. This study aims to reconstruct the authority of pretrial motion by integrating the Plain View Doctrine (PVD), a doctrine from the common law system that allows the seizure of evidence without a warrant if it meets three requirements: (1) officers are legally present at the location, (2) the evidence is clearly visible (immediately apparent), and (3) there is a probable cause that connects the object to the crime. The research method used is normative juridical with a conceptual and statutory approach. The results of the study indicate that the application of PVD can strengthen the pretrial control function by expanding the scope of testing from merely formal to substantial aspects. In addition, this study proposes the optimization of digital systems such as *E-Berpadu* to accelerate the licensing process in urgent circumstances. Thus, the reconstruction of pretrial authority based on PVD is expected to ensure a balance between the effectiveness of law enforcement and the protection of human rights.
Co-Authors Agung Satryo Wibowo Budi Santoso Didit Darmawan Erwin Susilo Erwin Susilo Khairul Umam Syamsuyar Lufsiana Muhammad Rafi Nanang Saputro Agung Widodo