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<![CDATA[Legal Position of Employment Agreement after the Enactment of Government Regulation in Lieu of Law (Perpu) Number 02 of 2022 Concerning Manpower ]]>
<![CDATA[Pandora Manalu, Evanto]]>;
<![CDATA[Hajati Hoesin, Siti]]>;
<![CDATA[Bangun Pandapotan Hutajulu]]>;
<![CDATA[Rinaldi Agusta Fahlevie]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.2420
<![CDATA[The government has replaced Law Number 2 of 2022 on Job Creation, eliminating derivative provisions from Law Number 11 of 2020 on Employment and citing the principles of Legal Certainty and Protection. The terms of employment contracts are predominantly governed by Law Number 13 of 2003 on Manpower, with specific provisions from Law Number 11 of 2020 remaining intact, such as the conversion from Fixed-Term Work Agreements/ Perjanjian Kerja Waktu Tertentu (PKWT) to Permanent Work Agreements/Perjanjian Kerja Waktu Tertentu (PKWTT). Meanwhile, Government Regulation Number 35 of 2021 has been rescinded by the newly implemented Regulation, posing challenges for legal status adjustments in district courts. This investigation aims to scrutinize and elucidate the execution of converting PKWT to PKWTT before enacting the Government Regulation in Lieu of Law (Perppu) and the Omnibus Law. Subsequently, the aim is to explore and clarify the conversion of fixed-term work contracts such as PKWT into permanent work contracts such as PKWTT following the implementation of the Perppu. This study adopts a normative/doctrinal approach. The consulted literature encompasses various legal documents, including Government Regulation Number 35 of 2021. Then, it was found that the significance of regulations concerning the PKWT to PKWTT conversion was underscored in offering clarity to workers in their daily tasks. The Manpower Law imposes restrictions on work agreements with employees, mandating written contracts in Indonesian and prohibiting multiple extensions beyond the stipulated limit.]]>
<![CDATA[Constructing the Concept of Commissioner Judge in Enforcing the Exclusionary Rules Principle in Indonesia ]]>
<![CDATA[Febryan Alam Susatyo]]>;
<![CDATA[Muksin, Muchlas Rastra Samara]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.2607
<![CDATA[Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge.]]>
<![CDATA[The Implementation of Aceh Qanun on Halal Labeling for MSMEs in West Aceh Regency ]]>
<![CDATA[Nila Trisna]]>;
<![CDATA[Putri Kemalasari]]>;
<![CDATA[Rachmatika Lestari]]>;
<![CDATA[Adella, Adella Yuana]]>;
<![CDATA[Yayuk Eko Wahyuningsih]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.2914
<![CDATA[The purpose of this study is to determine the implementation of Aceh Qanun Number 8 of 2016 on the Halal Product Assurance System (The Aceh Qanun on Halal Label) on Micro, Small, and Medium Enterprises (MSMEs) and to understand the supervision of the implementation of the Aceh Qanun on Halal Label in West Aceh Regency. The study method used is empirical juridical, producing descriptive data regarding implementing the Aceh Qanun on Halal Label towards MSMEs in the West Aceh Regency. This study is important because data from the Health Office of West Aceh Regency shows that 30 MSMEs have obtained halal certificates. In comparison, 64 MSMEs do not have halal certificates for their marketed food products. Based on the data, this fact does not comply with the provisions of Article 4 of Law Number 33 of 2014 on Halal Product Assurance (hereinafter referred to as the Halal Product Guarantee Law 2014), which obliges all products traded in Indonesia to have halal certification. This provision is in line with Article 4 of the Aceh Qanun on Halal Label, which states that the Halal Product Assurance System aims to provide protection, peace of mind, and legal certainty to the community in consuming and using Halal and hygienic products for physical and spiritual health. The assurance of halal products refers to legal certainty regarding the halal status of products, proven by halal certificates, halal registration numbers, and halal labels. Many MSMEs in West Aceh do not have halal product certificates, so the objectives of the Aceh Qanun on Halal Label have yet to be well implemented. The suboptimal supervision also influences the suboptimal implementation of the Aceh Qanun on Halal Label. This supervision involves various West Aceh Regency Local Government institutions, such as the Ministry of Religious Affairs and the Health Office. The main constraint is the limited funds allocated for such supervision, resulting in suboptimal halal product supervision for MSMEs in West Aceh.]]>
<![CDATA[Grand Fundamental Norm as the Ideal Regional Formation Norm: A Study on Indonesian Community Participation ]]>
<![CDATA[Abdul Kadir]]>;
<![CDATA[Ahmad Wahidi]]>;
<![CDATA[Musataklima , Musataklima]]>;
<![CDATA[Khoirul Anam]]>;
<![CDATA[Rajaa Hussein Abdulameer]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3102
<![CDATA[The legal problem in this study is to present local wisdom that is relevant to Pancasila as the grand fundamental norm in the formation of laws and regulations by focusing the analytical study on meaningful participation. This study aims to analyze the grand fundamental norm as an ideal norm and meaningful participation in forming Regional Regulations based on the type of normative juridical research using a statutory and conceptual approach. The data used is secondary data with primary and secondary legal materials, which are processed by checking the completeness, clarity of meaning, suitability, and relevance to the substance of this study, then analyzed using qualitative juridical analysis methods, which are based on the work of juridical reasoning. The novelty of this study emphasizes local wisdom as the primary source and representation of the ideal Pancasila norm (grand fundamental norm) in forming regional regulations through the meaningful participation method. The first study's results show that the grand fundamental norm in forming regional regulations is necessary based on the Indonesian nation's philosophical and sociological values . Thus, Pancasila is the ideal basic norm for implementing Pancasila values , which can be institutionalized realistically in Regional Regulations in Indonesia. Second, the noble culture of the Indonesian nation is the benchmark for Regional Regulations with all the material content and principles in the formation of statutory regulations, namely the principles of justice and transparency with implementation efforts using interactive methods and models of community participation that focus on the form of deliberation to reach consensus. The hope is that this will give birth to participatory Regional Regulations.]]>
<![CDATA[Legal Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement ]]>
<![CDATA[Muhammad Ridwan Hidayat]]>;
<![CDATA[Suteki, Suteki]]>;
<![CDATA[Jean Claude Geofrey Mahoro]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3198
<![CDATA[This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.]]>
<![CDATA[Ratio Legis of Article 12 Letter F : The Extortion in Corruption ]]>
<![CDATA[Rahmatina Putri, Izzati]]>;
<![CDATA[Ismail, Kautsar]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3220
<![CDATA[Corruption crimes encompass a variety of offences, one of which is the Extortion Offence. Extortion offences involve offenders proven to demand, receive, or withhold payments through force or threats on material matters while performing their duties as certain officeholders. In Indonesia, regulations for corrupt acts involving extortion offences are outlined in Article 12 letter f of Law Number 20 of 2001, amending Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption, as well as Article 425 paragraph (1) of the Indonesian Criminal Code. The extent to which a person is considered to have committed a corrupt act involving extortion is a crucial aspect of corruption offences. This study employs the Normative Research Method utilizing statutory and conceptual approaches, with legal material analysis conducted through descriptive means. The findings show that significance of Article 12 letter f in the Corruption Eradication Act as an extension and lex specialist in Article 425 paragraph (1) of the Criminal Code. Officials can take measures to prevent such misconduct to avoid improper cash handling or extortion by those in positions of authority over them. This study offers an in-depth study of illegal levies in corruption, emphasizing Article 12 letter f of Law Number 20 of 2001, aiming to bridge the gap of previous studies and provide practical insights for law enforcement in anti-corruption efforts in Indonesia through normative legal research.]]>
<![CDATA[Legal Children Protection as Victim of Psychological Violence in Surakarta ]]>
<![CDATA[Oktaviary, Adinda Rizky]]>;
<![CDATA[Kurnianingsih, Marisa]]>;
<![CDATA[Andi Intan Purnamasari]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3232
<![CDATA[This study aims to reveal how Surakarta government faces legal protection. Also, constraints in providing fulfillment of the rights of child victims of psychological violence committed in the family environment. This study uses an empirical juridical method interview and examine the legal provisions that apply in society. It focuses on violence against children committed by their parents, which has an impact on the child's psychology with valid data sourced from the authorities. Although violence against children is a violation of human rights, without realizing it, there are still many people who are willing to commit acts of psychological violence against children. It is because the child is unlikely to rebel when they receive improper treatment from adults, including within the scope of their own family, even though this treatment will have an impact on the child's psychology in the future. The results revealed that illustrate the psychological violence is only considered an internal family problem, and not many people realize it as an act of violence. Surakarta government has actually made efforts to prevent and reduce the number of violence against children, such as by providing an understanding of the importance of giving good parenting, being more able to control emotions, and being sensitive to the conditions and needs of children. This study concludes that the Surakarta government, through DP3AP2KB, has made various efforts to deal with cases of violence that can have an impact on children's psychology. However, these efforts are not fully supported by the public due to the lack of understanding and awareness of the dangers of violence against children, so the number of child abuse in Surakarta has not been a significant change.]]>
<![CDATA[The Guarantee of Children's Right in Determinating Guardian ad Litem on Sale and Purchase of Inherited Property ]]>
<![CDATA[Rahmadanti, Saumita Ngesti]]>;
<![CDATA[Marisa Kurnianingsih]]>;
<![CDATA[Ellya Nur Fariesha Binti Azrurahime]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3236
<![CDATA[On selling the property of minors, absolutely parents must pay attention to the main objective, namely the welfare of the child. Thus, it is not used for personal interests and overrides the interests of children because this is contrary to children's rights. This study examines protecting children's rights for Guardian ad Litem (GAL), which will trade their children's property. To study the rules governing how a guardian ad litem can handle inherited property for the benefit of minors because he is considered an heir to his parent's property if his parents die. This study uses an empirical juridical methodology from the legislative framework, cases, conceptual frameworks, and interviews. Then, the novelty contains the role of the government in regulating minors who legally sell their inherited property and consider related children's rights. The study shows that Badan Pertanahan Nasional (BPN) of Kota Surakarta has carried out its duties effectively, supported by the conditions set for parents who want to sell the property on behalf of their children. The results of this study are the steps taken by the government to ensure that parents do not abuse their power to steal children's property and further examine guardian ad litem ship according to Islamic law. The role of BPN of Kota Surakarta is also in collaboration with the Religious Court in charge of determining guardian ad litem of minors. It can be concluded that the reasons for parents who want to sell their children's inheritance are clear and not abused by parents who want to become guardian ad litem. It caused the role of guardian ad litem in Islam to include the maintenance of themselves and their property. So that all guardians ad litem maintain health, justice, honesty, and good behavior.]]>
<![CDATA[Pembelaan Terpaksa Melampaui Batas (Noodweer Excess) Dalam Konsep Reposisi Korban ]]>
<![CDATA[Puspanegara, I Gusti Ngurah Dwi]]>;
<![CDATA[Wulandari, Ni Gusti Agung Ayu Mas Tri]]>;
<![CDATA[Luh Putu Yeyen Karista Putri]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3287
<![CDATA[The victim who is in the position of being the perpetrator of defense exceed the limit due to the act of murder committed against the perpetrator of begal in criminal law regulated in Article 49 Paragraph (2), which is known as Noodweer Exces. This study aims to identify situations where defense exceed the limit in the context of the victim's role reversal in the case of the crime of robbery. The study applied normative legal research as the method. The approach involves analyzing and describing legal materials such as relevant literature, journals, and regulations, focusing on interrelated primary and secondary legal sources. The main difference with previous study is the emphasis on statutory analysis and case approach, as well as the application of the theory of criminal elimination, the theory of negative proof, and the principle of culpa in causa as supporting theoretical foundations. The findings show that, in principle, criminal regulations in Indonesia protect from a legal perspective against acts of defense carried out by individuals, in this case involved as victims of a criminal offense. Therefore, acts of defense exceed the limits are considered not criminalizable because defense is a right owned by everyone to fight against actions contrary to legal provisions. A person is considered in forced defense if they meet the conditions stipulated in Article 49 Paragraph (2) of the criminal law. These conditions include the act of defense that exceeds the established limits, the direct effect of severe mental or mental shock due to the attack that occurred at that time, and the act of defense in response to the attack or threat of attack. However, the granting abolition of punishment also depends on the results of the trial evidence in this case, which determines whether the perpetrator entitled to obtain it or not.]]>
<![CDATA[Legal Protection for Unauthorized Copying of Songs on Digital Platforms Through Audio Watermarking Method ]]>
<![CDATA[Baisuni, Hasan]]>;
<![CDATA[Djulaeka, Djulaeka]]>;
<![CDATA[Mohammad Ali Sajjad]]>
<![CDATA[ JUSTISI Vol. 10 No. 3 (2024): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v10i3.3291
<![CDATA[The objective of this research is to investigate the effectiveness of the Copyright Law in safeguarding digital songs with audio watermarking from illegal duplication, and to analyze the legal responsibilities of those who duplicate songs on digital platforms using such methods under the Copyright Law. The research methodology employed is normative juridical, focusing on the internal aspects of positive law and utilizing literature sources like journals, books, case law, and relevant legislative materials, particularly Law No. 28 of 2014 on Copyright. Legal materials are gathered through a literature review as a secondary data source, along with descriptive analysis to elucidate the legal implications concerning copyright protection in the digital age. The novelty of this research lies in the integration of advanced and effective audio watermarking technology in addressing the challenges of copyright protection in the digital era. The research results highlight the importance of copyright protection in the music industry in the digital era. Audio watermarking methods are used to insert data into digital content to protect content ownership and identify copyright holders. There are efforts to overcome the challenges in preventing illegal acquisition of copyrighted content by utilising watermarking technology. It can thus be concluded that despite efforts made to regulate the digital marketplace and improve legal standards, illegal distribution of material is still quite rampant. YouTube is cited as an effective platform in protecting intellectual property rights by successfully addressing the issue of copyright infringement by removing infringing content.]]>
