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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-battar: Jurnal Pamungkas Hukum Rechtsnormen: Journal of Law
Dedy Cahyadi
Universitas Borobudur
Law, Crime, Criminology & Criminal Justice Other

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Implementation Of Criminal Sanctions Against Companies Violating Provincial Minimum Wages From The Perspective Of John Rawls' Theory Of Justice Dedy Cahyadi; Bambang Soesatyo
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.439

Abstract

 Violation of the Provincial Minimum Wage (UMP) provisions by companies is still a labor problem in Indonesia. Although there are regulations governing the obligation of companies to pay minimum wages and criminal sanctions for violators, implementation in the field still shows many obstacles, such as weak supervision, low deterrent effect of sanctions, and legal loopholes that allow companies to avoid these obligations. This study uses a normative legal method with a statutory and conceptual approach to analyze the effectiveness of criminal sanctions against companies that violate the UMP based on John Rawls' Theory of Justice. The results show that the existing sanction system does not fully reflect the principle of substantive justice because it does not provide maximum protection for the most vulnerable workers (least advantaged). Therefore, reforms are needed in the law enforcement system, including increasing the capacity of labor inspectors, implementing stricter sanctions based on the company's economic scale, and direct compensation mechanisms for workers who experience violations. Thus, the implementation of the UMP policy can better reflect the principles of social justice and fair distribution from the Rawlsian perspective
Complexity of Agrarian Law Regulations in Disputes over Unauthorized Use of Land Dedy Cahyadi; Ade Saptomo
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1692

Abstract

Background: The complexity of agrarian law regulation in Indonesia has led to significant legal uncertainty and social conflicts, particularly regarding unauthorized land use. Land, as a vital resource in agrarian societies, often becomes the center of disputes due to ineffective land administration, the misuse of land certificates, and corrupt practices. Objective: This study aims to analyze the challenges in agrarian law regulation and propose measures to address disputes over unauthorized land possession. Methodology: Using a normative legal research method, this study examines relevant regulations, including Law No. 5 of 1960 on the Basic Agrarian Law, through legislative and conceptual approaches. Findings: The research identifies key challenges, such as inefficiencies in land administration, abuse of legal documentation, and systemic corruption. To resolve these issues, improvements in the land administration system, stricter enforcement of laws, and increased legal awareness among the public are necessary. Conclusion: The study concludes that more effective agrarian policies are essential to address disputes over unauthorized land use, ensuring legal certainty and minimizing conflicts.
Paradigm Changes in Proving Unlawful Acts in Corruption Crimes Following Constitutional Court Decision Number 25/PUU-XIV/2016 Abdullah Sulaiman; Dedy Cahyadi; Iwansyah; Rahmad Prasetyo; Pambudi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6648

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has marked an important turning point in the enforcement of corruption law in Indonesia, especially in proving the element of state financial loss. Before this decision, the formal approach that emphasized procedural violations without the need to prove actual losses was still commonly used. However, after the decision, the legal interpretation shifted towards a material approach that required actual loss to prove corruption. This change has quite complex legal and practical consequences, ranging from increasing the burden of proof for public prosecutors, and dependence on the results of audits of state financial institutions to technical challenges in coordination between law enforcers. This study comprehensively examines the development of legal interpretation before and after the Constitutional Court decision, and its impact on the evidentiary process, and formulates strategic steps that can be taken to strengthen the effectiveness of corruption eradication while ensuring legal certainty for the parties.
Co-Authors Abdullah Sulaiman Ade Saptomo Bambang Soesatyo Iwansyah Pambudi Rahmad Prasetyo