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All Journal JOURNAL OF SCIENCE AND SOCIAL RESEARCH Jurnal Pengabdian Masyarakat Asia Journal of Management, Accounting, General Finance and International Economic Issues (MARGINAL) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Priviet Social Sciences Journal Jurnal Ekonomi Kreatif dan Manajemen Bisnis Digital (JEKOMBITAL) Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Jurnal Ilmu Sosial dan Humaniora Journal Science and Theory of law
La Ode Mbunai
Universitas Sains Indonesia
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pengaturan Outsourcing Pasca Undang-undang Nomor 6 Tahun 2023 dan Putusan Mahkamah Konstitusi Nomor 168/PUU-XXI/2023 Pranoto, Tri Wahyu; 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 regulation of outsourcing in Indonesian labor law has undergone significant changes following the enactment of Law Number 6 of 2023 on Job Creation, which permits outsourcing practices without explicitly limiting the types of work that may be outsourced. This development raises juridical concerns, particularly with regard to legal certainty in employment relationships and the protection of workers’ rights. In this context, Constitutional Court Decision Number 168/PUU-XXI/2023 is of particular importance, as it affirms the constitutional boundaries in the formulation and implementation of labor law norms.This study aims to analyze the juridical implications of outsourcing regulation following the enactment of Law Number 6 of 2023 based on constitutional principles as articulated in Constitutional Court Decision Number 168/PUU-XXI/2023. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the regulation of outsourcing is conditionally constitutional, meaning that its validity is contingent upon the existence of normative limitations to ensure legal certainty and the protection of workers’ rights. A key juridical implication of the decision is the emergence of a constitutional obligation for the minister responsible for labor affairs to regulate outsourced work restrictively through implementing regulations in order to safeguard the constitutional rights of workers.
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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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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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.
Legal dualism of priority rights for tax debts by the state when taxpayers go bankrupt Zahra Malinda Putri; Mhd Panca Prana Mustaqim Sinaga; La Ode Mbunai
Priviet Social Sciences Journal Vol. 5 No. 5 (2025): May 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i5.573

Abstract

The existence of dual regulations governing the State's preferential right to tax debt repayment presents a distinct issue in resolving matters related to taxpayers who have been declared bankrupt by the court. The two domains of public law and civil law both regulate the privilege of priority in the repayment of debts by the debtor. Therefore, an in-depth analysis is necessary to address the issue of tax debt repayment when a taxpayer has been declared bankrupt. The objective of this study is to analyze and seek answers regarding the position of the state as a creditor in the repayment of tax debts, as well as to provide an analysis of the regulation concerning the State’s preferential right over tax debts. The research method used is a qualitative normative approach, utilizing secondary data and descriptive-analytical techniques for data analysis. The results of this study indicate that the state holds a higher position than other types of creditors as regulated in the Bankruptcy and Suspension of Debt Payment Obligations Law (BSDPO Law), and therefore must be given priority. However, the two sets of regulations remain unreconciled in terms of harmonizing the position of creditors in fulfilling tax debt obligations. Moreover, the regulation regarding the repayment of tax debts mandates that such debts must be settled before the repayment of other types of debts owed by the debtor.
Implications Of The Legal Form Of Roe For Company Management Suparman, Yusup; Mbunai, La Ode
Jurnal Ilmu Sosial dan Humaniora Vol. 4 No. 1 (2026): Januari
Publisher : CV Putra Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58540/isihumor.v4i2.1594

Abstract

This study discusses the relationship between corporate legal form and the application of Return on Equity (ROE) as a financial performance indicator in corporate management. Using a normative legal approach, this study shows that the legal form of a company greatly influences the use of ROE in managerial practices and sustainable corporate governance. ROE is used to measure the effectiveness of equity capital in generating profits, which forms the basis for evaluating profitability and managerial efficiency. In the Indonesian legal context, although ROE is not explicitly regulated in legislation, its application is supported by various regulations that emphasise transparency, accountability, and integrity in financial reporting. This study also highlights the role of ROE in strategic decision-making such as investment, dividend distribution, and business expansion, as well as the legal risks arising from ROE manipulation.
Co-Authors Ade Nurhayati Kusumadewi Aindo, La Ode Albab, S.H.S Ulil Albar, Fauzan Manafi Bahari, Syaiful Elawati, Tuti Galih Raspati Mhd Panca Prana Mustaqim Sinaga Muhammad Mahendra Maskhur Sinaga Muhammad Panca Prana Mustaqim Sinaga Panca Prana Mustaqim Sinaga, Muhammad Pramesti, Hasti Pranoto, Tri Wahyu Priyana, Indarta Putri, Zahra Putri, Zahra Malinda Rahayu, Hilda Rahmadani, Fitrah Salsabila Adinda Syarif Sinaga, Mhd Panca Prana Mustaqim Sinaga, Muhammad Mahendra Maskhur Sinaga, Muhammad Panca Prama Mustaqim Sinaga, Muhammad Panca Prana Mustaqim Suminah Suparman, Yusuf Suparman, Yusup Ulil Alba, S.H.S Umban Adi Jaya Zahra Malinda Putri Zahra Malinda Putri