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Implementasi Asas Keseimbangan dalam Perjanjian Hubungan Kemitraan Transportasi Online di Indonesia Ulil Alba, S.H.S; Mbunai, La Ode; Bahari, Syaiful; Suparman, Yusup
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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Abstract

The development of digital technology has driven significant changes in the transportation sector through the presence of app-based transportation services in Indonesia. The relationship between online transportation companies and drivers is built in the form of a partnership, but in practice it raises legal issues, particularly regarding the certainty of the driver's legal status and the application of the principle of balance in partnership agreements. This study aims to analyze online transportation partnership relationships in Indonesia and examine the application of the principle of contractual balance in these relationships. The research method used is normative legal research with a statutory approach and a conceptual approach, through a review of relevant laws and regulations, doctrines, and legal literature. The results show that online transportation partnership relationships have not received clear regulations in the labor law regime, thus creating a legal vacuum. Although the concept of partnership normatively requires equal standing between the parties, practice in the field demonstrates an imbalance between app companies and drivers. This imbalance is reflected in the use of unilaterally drafted standard agreements, the existence of exoneration clauses, work control through algorithmic systems, and limited driver access to data and information. These conditions result in the principles of balance and proportionality in partnership agreements not being optimally met and potentially detrimental to drivers. Therefore, this study emphasizes the need for more comprehensive and adaptive legal regulations to ensure a balance of rights and obligations and provide fair legal protection for online transportation drivers in Indonesia.
Efektifitas Metode Restorative Justice Terhadap Penyelesaian Perkara Pidana Di Polsek Waesala Kabupaten Seram Bagian Barat Aindo, La Ode; Mbunai, La Ode
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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Abstract

This research is an Empirical Legal Research. Empirical Legal Research is a type of legal research in which empirical law (empirical legal research), a study conducted by collecting field data sourced from interviewed sources and based on numerical data that has been collected by related institutions. In this study, the author uses a normative and empirical approach in qualitative research literature and field studies this time. The author will combine legal elements and support them with field data. This study found that the Concept of Restorative Justice in Indonesia conceptually has several legal regulations governing it, starting from the 1945 Constitution, Supreme Court Regulations, Regulations of the Indonesian Attorney General's Office and Regulations of the Chief of Police. All of these regulations have provided instructions on how Restorative Justice is implemented and what criminal acts can be resolved using the Restorative Justice method. The effectiveness of the Restorative Justice method in resolving criminal cases at the Waesala Police Station, West Seram Regency has not been running well. This is certainly caused by the mindset of the community who do not understand Restorative Justice as a method for resolving criminal cases. In addition to the mindset of the community, the ineffectiveness of Restorative Justice in resolving criminal cases at the Waesala Police Station, West Seram Regency is caused by the types of cases that can be resolved.
UU Lingkungan Hidup dan Tindak Pidana Korporasi: Antara Regulasi dan Penegakan Hukum Suminah; Mbunai, La Ode
JUSTLAW : Journal Science and Theory of law Vol. 2 No. 02 (2025): JUSTLAW : Journal Science and Theory of Law
Publisher : Universitas Sains Indonesia Publishing

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This study discusses the legal analysis of environmental crimes in the context of the latest laws in Indonesia, specifically Law No. 32 of 2009 concerning Environmental Protection and Management and the accompanying regulatory changes until 2025. This study uses a normative juridical method with a statute approach and a conceptual approach. The data used are secondary data obtained from library studies, including laws and regulations, legal literature, and scientific journals. The main focus of this study is on the criminal liability of corporations as perpetrators of environmental crimes, as well as the challenges of legal implementation faced in practice. Although the legal framework is in place, law enforcement against corporations still faces structural, substantial, and cultural obstacles, including difficulties in proving corporate guilt and implementing the principle of ultimum remedium. This study highlights the importance of reforming the environmental legal system, increasing the capacity of law enforcement officers, and the need for policies that support environmental sustainability and ecological justice. With a comprehensive and equitable approach, it is hoped that the goals of sustainable development and the protection of the community's right to a good and healthy environment can be achieved.
The Relationship Between the Implementation of Company System Digitalisation and Work Discipline as Determinants of Employee Performance: A Study of the Retail Industry in Cibitung Jaya, Umban Adi; Albar, Fauzan Manafi; Priyana, Indarta; Mbunai, La Ode; Raspati, Galih
Jurnal Ekonomi Kreatif dan Manajemen Bisnis Digital Vol 4 No 2 (2025): NOVEMBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/jekombital.v4i2.1039

Abstract

The development of digital technology has prompted companies to adopt digital systems in order to enhance operational efficiency and employee performance. However, adaptation to digitalization does not always have a direct impact on productivity, especially in the context of the retail industry which demands high discipline and adherence to work procedures. This study aims to analyze the influence of company system digitalization and work discipline on employee performance, as well as to evaluate the role of work discipline as a mediating variable in the context of the retail industry in Cibitung. This study uses a quantitative approach with path analysis method. Data were collected through online questionnaires distributed to 100 employees selected using purposive sampling. The results of the analysis indicate that the digitalization of company systems does not directly impact employee performance in a significant way. However, digitalization does have a beneficial and significant effect on work discipline, which in turn has a positive and significant impact on employee performance. Although the role of work discipline as a mediator in the link between digitalization and performance may not be statistically significant, there are still signs of partial mediation. Based on these results, it can be concluded that just introducing digital technology is not sufficient; there needs to be additional focus on improving work discipline to fully optimize the effect on employee productivity. This research offers practical advice for retail managers, emphasizing the need to combine digital policies with discipline-strengthening tactics such as training, monitoring, and incentives to enhance performance.