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INDONESIA
Jurnal Ilmiah Penegakan Hukum
Published by Universitas Medan Area
ISSN : 2355987X     EISSN : 2622061X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law
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Articles 312 Documents
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Legal Provisions for Wife's Right to Live After Divorce in the Pasuruan Religious Court Supaat, Joko; Muhibbin, Moh; Suratman, Suratman
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11225

Abstract

This research goes in-depth into aspects of determining the amount of maintenance, factors that influence court decisions, and legal considerations that are the basis for determining maintenance rights. In the context of the Pasuruan Religious Court, this research also explores legal practices and the court's views on cases of wives' maintenance rights after divorce. Religious Courts are a form of application of Islamic law in the law enforcement system in Indonesia, as intended by Law No. 7 of 1989 concerning Religious Courts, which was later amended by Law No. 3 of 2006 and last amended by Law No. 50 of 2009. This research is a type of empirical juridical research. The approach used in this research is a sociological-legal approach, with the data in the form of primary and secondary data. The writing technique is carried out using interviews and document studies, while the data analysis is qualitative and descriptive. From the results of the research, it was found that enforcement of the wife support law at the Pasuruan Religious Court has been made as much as possible by implementing the orders of the Law and Regulations of the Supreme Court of the Republic of Indonesia. This is for the sake of upholding justice for wives whose husbands divorced. However, there is still a legal loophole that can be used by the husband to avoid paying his wife's maintenance, which has been imposed in the court decision. Even though many legal instruments have been created to protect and ensure women's rights are fulfilled, in practice, there is still a lot of neglect of women's rights.
Pembaharuan Hukum Penyelenggaraan Rapat Umum Pemegang Saham Secara Elektronik Pada Perseroan Tertutup Muninggar, Roro Ajeng; Anggraini, Anna Maria Tri
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11821

Abstract

This paper aims to examine the legal reform of the implementation of e-GMS in Private Companies. The issue focused on the regulation of the implementation of the e-GMS of the Private Company and legal reform. The writing of this study uses normative legal methods, and qualitative descriptive analysis. The results of the study show that the regulation of the e-GMS of a Private Company is contained in Article 77 of PT Law, however, the technical implementation has not been regulated. The implementation of the e-GMS of a Private Company can adopt the provisions for the implementation of the e-GMS of a Public Company as stated in POJK No. 16/2020. Basically, the implementation of the e-GMS of a Private Company is valid as long as the implementation is in accordance with the Law and other related technical rules. The role of legal reform in the field of PT has been reflected by the issuance of POJK No. 16/2020 which regulates the implementation of e-GMS of Public Companies as a form of responsive legal theory, however, it needs to be optimized because legal reform is still needed in the field of PT, especially regarding the implementation of e-GMS in Private Companies.
Analisis Kepastian Hukum Jaminan Sosial Ketenagakerjaan Bagi Gig Worker Pada Era Gig Economy Di Indonesia Stevania, Maudy; Hoesin, Siti Hajati
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11968

Abstract

This research aims to analyze the legal relations and the legal certainty of social security for gig workers. The issue focuses on the uncertainty of the legal relations and the protection of workers social security for gig workers. Indonesia does not have regulations that govern protection for gig workers, while the growth of gig workers in Indonesia is very rapid. Many companies that provide platform for gig workers to work classify gig workers as partners not as an employee. This partnership results in gig workers not receiving the same protection as a regular worker. Data were collected through doctrinal methods and analyzed qualitatively. This study concludes that the legal relationship between gig workers and companies is often categorized as a partnership relationship. Therefore, to provide legal certainty of employment social security for gig workers, the government need to review the current regulations or create specific regulations to determine work relationships between gig workers and the company that hired them, creating specific regulations for gig workers, also giving a socialization and education for gig workers about the importance of social security to increase their awareness.
Systematic Literature Review: Manifestasi Metode Regulatory Impact Analysis (RIA) Pada UU No. 17 Tahun 2023 Tentang Kesehatan Khasanofa, Auliya; Khariri, Agus Al
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12518

Abstract

The research aims to find out the main essence of RIA as an assessment tool for laws and regulations in Indonesia, especially regulations related to the Health Law. When viewed based on previous reviews, it is clear that in the process of forming laws and regulations in Indonesia, improvements are needed to the codification stage. This is done so that the legal products issued can apply efficiently. In the scope of the health world, Law Number 17 of 2023 concerning Health has attracted a lot of analytical attention because it introduces new guidelines to the health regulation system. The research method used is normative legal research with an analytical descriptive approach which is then analyzed qualitatively. The results of the study show that to regulate the authority and responsibilities of health workers, improve the quality of health services, including providing protection to the community. Currently, the law-making process focuses more on compiling legal texts that comply with legal provisions, with a focus on conformity and compliance with higher regulations. This often ignores other aspects that are also important. Therefore, the Regulatory Impact Analysis (RIA) method is important for policy makers to assess how much the costs are compared to the benefits of the regulations made.
Notary’s Liability for Nominee Agreement on The Ownership of Land Rights by Foreigners in Bali Rani, Ayu Sitha Radha
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12763

Abstract

The increasingly rapid development of the tourism sector in Bali has caused many people to want to live in Bali, including people from outside Indonesia who want to own land to use as a residence or business in the tourism sector in Bali. However, laws and regulations in Indonesia strictly prohibit this as stated in the UUPA. The high desire of foreign nationals to own land in Bali means that there are many ways to avoid existing regulations. The loopholes in the UUPA regulations have given rise to name borrowing agreements by foreign citizens so that their desire to own land in Bali can be realized. A normative juridical approach is used in this research as a research method. Legal materials were collected through inventory procedures and identification of statutory regulations using literature review data as the research techniques. The research results show that an authentic deed made by a notary gives rise to civil and criminal legal consequences, this is because the making of the agreement constitutes legal contravention which is clearly contrary to existing regulations, especially the UUPA, and based on the Civil Code, the agreement is null and void. As the maker of an authentic deed of a nominee agreement, a notary also has an unavoidable responsibility in the form of compensation if there are losses incurred as a result of the agreement. The notary can be criminalized for making false statements in a deed that is authentic/has legal force, in terms of responsibility. According to the notary's code of ethics, the notary may receive a reprimand, suspension and dismissal either honorably or dishonorably according to the results of the notary's code of ethics trial.
Mekanisme Self Report Perpres No. 57 Tahun 2023 dengan Kewajiban Negara Memenuhi Hak Bekerja Irgiansyah, Krisna; Sella Rahma Maulida; Freidelino P. R. A. de Sousa
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12796

Abstract

The objective of this article is to examine the relationship between the right of citizens to employment and the state's obligation to fulfil that right. In this context, it is necessary to consider the role of the state as an active agent in ensuring the realisation of this right. Furthermore, it seeks to justify the incompatibility of implementing the self-report mechanism in relation to the state's obligation to fulfil citizens' right to employment. The issue can be defined as a conceptual inaccuracy in the implementation of a theoretical framework for the fulfilment of human rights. This theoretical framework should, in theory, oblige the state to fulfil the rights of every citizen as set out in the constitution. Nevertheless, the state appears to be abdicating its responsibilities by delegating them to employers. This article employs a normative juridical approach with a statutory methodology. Data are collected through literature studies that are pertinent and current, and which inform the qualitative analysis of the material to be reviewed. This study finds that the self-report mechanism set forth in Article 4, paragraph (2) of Presidential Regulation No. 57 of 2023 is incompatible with the state's obligation to fulfill the right to work. This is because the mechanism makes the state passive in carrying out its obligations. It is incumbent upon the government to take proactive measures to fulfil its obligations regarding citizens' rights to employment, as enshrined in Article 27, paragraph (2) of the 1945 Constitution and Article 38, paragraph (1) of Law No. 39 of 1999.
Coaching the Government Employee with Work Agreements: A Dignified Justice Perspective Firmansyah, Jaka; Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12823

Abstract

The purpose of this study is to evaluate the implementation and identify the development of Government Employees with Work Agreements (PPPK) after the enactment of Law Number 20 of 2023 concerning State Civil Apparatus from the perspective of the theory of dignified justice. This normative legal research uses a legislative and conceptual approach, with primary and secondary legal sources, collected through literature studies and analyzed qualitatively. The results of the study explain that after the enactment of Law Number 20 of 2023 concerning State Civil Apparatus, the development of PPPK has caused various problems, namely unequal perceptions, budget constraints, and the quality of training that still needs to be improved. When this is associated with the theory of dignified justice, this theory encourages ethics and morality as the basis for every aspect of the development, management, and development of PPPK; therefore, by respecting individual dignity, providing equal opportunities, encouraging transparency, and building a positive organizational culture, organizations can ensure that employee development is not only effective, but also fair and dignified. The theory of dignified justice emphasizes that every individual has dignity that must be respected, carrying out performance on an ethical and moral basis that underlies professional behavior. The implementation of these principles will contribute to better employee development and the overall improvement of the quality of public services.
Implementasi Penyidikan Terhadap Tindak Pidana Siber Dalam Perspektif Perbandingan Hukum: Indonesia dan Inggris Raya Indradjaja, Manayra Aisha Putri; Suseno, Sigid; Atmaja, Budi Arta
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12931

Abstract

This paper aims to discuss the implementation of investigations into cybercrime in Indonesia and the United Kingdom. The implementation of investigations is an important process to ensure that a crime including cybercrime can be handled effectively, the perpetrators can be prosecuted based on applicable legal provisions, and the rights of victims can be protected. The problem in this paper is focused on exploring the implementation of investigations into cybercrime in both countries considering that along with the advancement of the digital era, cybercrime has become an ongoing challenge for law enforcement. In order to approach this problem, a reference is used for comparative criminal law theory to compare legal provisions and understand foreign laws so that they can be used as considerations for national legal reform. Data were collected through a statutory approach and a comparative approach and analyzed qualitatively. This study concludes that there are differentiating factors in the implementation of investigations into cybercrime in Indonesia and the United Kingdom. The implementation of investigations into cybercrime in Indonesia is under the coordination of police investigators, while in the United Kingdom, investigations into cybercrime are divided into two, namely the police who handle cybercrime cases at the regional level and the National Crime Agency which handles cross-border and high-risk cybercrime cases.
Perlindungan Hukum Terhadap Usaha Mikro, Kecil, Dan Menengah Dalam Upaya Penguatan Ekonomi Masyarakat Di Kecamatan Kampar Dasrol, Dasrol; Lestari , Rika; Darnia, Meriza Elpha
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.13049

Abstract

The research aims to determine the legal protection of UMKM in an effort to strengthen the community's economy in the Kampar sub-district. This research uses the Sociological method. In order to find out how the implementation of existing regulations related to legal protection for UMKM and the extent of their effectiveness in supporting the economic growth of UMKM in Kampar District and the main challenges faced by UMKM in Kampar District in obtaining legal protection in running their businesses. Micro, small and medium enterprises (UMKM) in Indonesia are one of the sectors that make a large and significant contribution to national economic development. This is because the existence of UMKM has proven to be able to drive the economy and reduce the number of unemployed people. UMKM are regulated in Law of the Republic of Indonesia Number 20 of 2008 concerning UMKM. The government has actually provided protection for UMKM as formulated in Article 35 Paragraph (1) of Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises, that “Large enterprises are prohibited from owning or controlling micro, small and medium enterprises as their business partners in the implementation of partnership relationships.” However, in practice this has not been effective given the absence of a supervisory mechanism from the government. On the other hand, this provision is considered only a formality, so that the goal of empowering national entrepreneurs or UMKM is not achieved.
Kritik Terhadap Penyelesaian Tindak Pidana Pembunuhan Dengan Mekanisme Restorative Justice Natalia, Christina Lintang; Ardian, Riswanda
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.13102

Abstract

The research aims to show that murder cases should not be resolved by deviating from Criminal Procedure Law or using non-formal legal mechanisms. The focus of this issue is on KOMNAS HAM Number: 22/HM.00/IV/2023, where a murder case was settled through a non-formal legal mechanism. Ideally, this murder case should have been resolved through the Criminal Procedure process and other applicable internal regulations of law enforcement agencies. This article uses normative research methods that examine document studies using secondary data such as laws and regulations. Specifically, this research will address the contradiction between what should be and what is (das sollen and das sein). Das sollen refers to the general legal provisions or normative realities. Murder is a criminal offense that results in the loss of a person's life. As a regular crime (delik biasa), the legal process against the suspect must continue. This creates a conflict in a case that occurred in Wamena, Papua, on February 23, 2023, where a murder committed by law enforcement officers was resolved through a non-formal legal mechanism, which also involved human rights violations.

Page 27 of 32 | Total Record : 312

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