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All Journal JURNAL ILMIAH ADVOKASI
Wardana, Khristyawan Wisnu
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Law, Crime, Criminology & Criminal Justice

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TANGGUNG JAWAB PERUSAHAAN ATAS KECELAKAAN TONGKANG DALAM PERSPEKTIF DOKTRIN VICARIOUS LIABILITY DI SEMPADAN SUNGAI MAHAKAM Sahim, Muhammad Sahril; Kurnia, Mahendra Putra; Wardana, Khristyawan Wisnu
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6304

Abstract

The presence of buildings in the riverbank area of the Mahakam River that violate spatial planning regulations creates a legal dilemma when criminal acts of destruction are committed against such structures. This study aims to analyze the criminal liability for the destruction of illegal objects and to assess the potential application of restorative justice in resolving such cases. The research employs a doctrinal legal method using statutory and conceptual approaches, based on the provisions of the Indonesian Penal Code (KUHP) and regulations concerning riverbank spatial planning. The findings indicate that although the damaged object is located in an illegal area, the owner may still be regarded as a victim if the element of malicious intent by the perpetrator is fulfilled. Therefore, restorative justice emerges as a relevant alternative to achieve balanced justice between victim and offender.Keywords: Destruction, Restorative Justice, Criminal Law, Riverbank Zone
PERAN PERUSAHAAN DALAM MELINDUNGI HAK TENAGA KERJA ASING Simamora, Priskila Putri; Susanti, Erna; Wardana, Khristyawan Wisnu
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6363

Abstract

This research is directed at examining 2 (two) problems, namely first, legal protection of the rights of foreign workers based on Samarinda District Court Decision Number 65/Pdt. Sus-PHI/2017/PN. Smr Jo Supreme Court Decision 1121 K/Pdt.Sus-PHI/2018 and secondly, legal liability by companies for the rights of foreign workers who are not stated in the employment agreement. The study of this problem was carried out using doctrinal legal research.The results of this research conclude that firstly, legal protection for the rights of foreign workers has been regulated in Law Number 13 of 2003 concerning Employment as preventive protection and is confirmed in the ruling of the Samarinda District Court which granted some of the claims of foreign workers with consideration of several rights claimed by them. foreign workers are not included in the work agreement as repressive protection, and secondly, legal responsibility by the company for the rights of foreign workers who are not stated in the work agreement, namely fulfilling the company's obligations which is one of the conditions for employing foreign workers in Indonesia. Keywords: Accountability; Protection; Rights
Co-Authors Erna Susanti Mahendra Putra Kurnia Sahim, Muhammad Sahril Simamora, Priskila Putri