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Achmad Faiz
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Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
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JHR (Jurnal Hukum Replik)
Published by Universitas Muhammadiyah Tangerang
ISSN : 23379251     EISSN : 25979094     DOI : 10.31000
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic law, administrative law, agrrian law, medical law and interconnection study with Legal Studies in accordance with the principle of novelty
Arjuna Subject : Ilmu Sosial - Hukum
Articles 145 Documents
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THE REASONS FOR LAYOFFS BY COMPANIES ARE BASED ON THE LAYOFF PROVISIONS IN LAW NO. 11 OF 2020 CONCERNING JOB CREATION AGAINST INDUSTRIAL RELATIONS COURT DECISIONS DUE TO GROSS ERRORS (PN DECISION STUDY NUMBER 1 / PDT. SUS-PHI/2021/PN PGP) Muchamad Fachmi Fachrezi; Palmawati Tahir; Rani Sri Agustina
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.9310

Abstract

District Court Decision Number 1/Pdt.Sus-PHI/2021/PN Pgp, where the position of workers tends to have no power, when dealing with employers who have the power Unilateral termination of employment carried out by PT Sinarmas Multifinance to the workers, namely Welson Fransisca, Heri Ferdian and Rudi Karmidi as employees of PT Sinarmas Multifinance, they are accused of serious mistakes and layoffs by means of the first SP and the second SP without any court decision  previously. With so many cases like this, workers lose the opportunity and justice legally, which will harm the workers. This study aims to find out the reasons for layoffs by PT Sinarmas Multifinance whether they can be justified in accordance with the layoff provisions based on Law No. 11 of 2020 concerning Job Creation. Based on Law No. 11 of 2020 concerning Job Creation, it is explained that the reason for the layoffs by PT Sinarmas Multifinance cannot be justified in accordance with the layoff provisions in Article 52 paragraph 1 of PP No. 35 of 2021, between the 1st and 2nd Warning Letters given by PT. Sinarmas Multifinance. Sinarmas Multifinance exceeds the period of 6 months since its issuance. Then it should be inappropriate and categorized as an act of layoff without error.Keywords: Workers/Laborers, Gross Mistakes, Labor Law
JURIDICAL ANALYSIS OF THE USE OF CRYPTOCURRENCIES AS FUTURES TRADING COMMODITIES ACCORDING TO POSITIVE LAW IN INDONESIA Songtinus Songtinus; Ramlan Ramlan; Mahmul Siregar
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8975

Abstract

Penggunaan mata uang virtual yang dihasilkan dari sistem kriptografi. Sistem ini menjamin kemanan mata uang sehingga mata uang tersebut tidak dapat dipalsukan. Uang virtual tengah mendominasi Indonesia yaitu bitcoin. Problem formulations for this journal are; bagaimana kedudukan kripto (cryptocurrency) sebagai mata uang dalam transaksi bisnis berdasarkan hukum di Indonesia?, bagaimana pengawasan penggunaan kripto (cryptocurrency) sebagai komoditas perdagangan berjangka menurut hukum positif di Indonesia?, dan Bagaimana perlindungan hukum terhadap nasabah pengguna kripto (cryptocurrency) sebagai komoditas perdagangan berjangka menurut hukum positif di Indonesia? This research is normative legal research accompanied by supporting data. The research data was collected through literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, Kedudukan kripto (cryptocurrency) dalam transaksi bisnis berdasarkan UU Nomor 7 Tahun 2011 tentang Mata Uang tidak diakui sebagai alat pembayaran yang sah, (cryptocurrency) diakui secara sah sebagai komoditi yang dapat diperdagangan melalui perdagangan berjangka. Second, Pengawasan penggunaan kripto (cryptocurrency) sebagai komoditas perdagangan berjangka berdasarkan Pasal 1 angka 3 Undang-Undang Nomor 10 Tahun 2011. Ketiga, Perlindungan hukum terhadap nasabah/investor pengguna kripto sebagai komoditas perdagangan berjangka ditinjau Dari Peraturan Bappebti Nomor 5 Tahun 2019 Tentang Ketentuan Teknis Penyelenggaraan Pasar Fisik Aset Kripto Di Bursa Berjangka
CONFIGURATION OF A SIMULTANEOUS-SEPARATE GENERAL ELECTION SYSTEM TO STRENGTHEN THE CHARACTER OF AN INCLUSIVE GOVERNMENT SYSTEM IN INDONESIA Satriansyah Den Retno Wardana; Eka N.A.M. Sihombing; Tengku Erwinsyahbana
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.9215

Abstract

The government system essentially examines the relationship between legislative and executive institutions. On the other hand, the concept of a government system can also be related to the form of vertical relationship between the central government and regional governments. Problem formulations for this journal are; What is the character of the strengthening of the government system both at the central and regional levels resulting from the simultaneous general election system in Indonesia? What are the theories and concepts of the government system and general election system in Indonesia? a quo regional head election in Indonesia? This research is normative legal research accompanied by supporting data. The research data was collected through literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, the government system is the concept of legislative and executive relations in carrying out their functions and duties. There are various types of systems such as presidential systems, parliamentary systems and mixed systems. In the presidential system used in Indonesia, there are systemic weaknesses in the form of fixed term features, dual democratic legitimacy, the possibility of the emergence of divided government and the use of multiparty features. Second, the configuration of the simultaneous general election system and the regional head election system can be seen that the presidential general election system uses a simultaneity feature, a presidential threshold of 20%, and uses a majority-runoff system with a distribution of votes in certain areas. Third, the implementation of simultaneous elections and a quo regional heads has not shown any significant strengthening of the government system. Strengthening of the presidential system only occurred in terms of the number of candidates competing, and the majority run-off system did not show any strengthening.
OPTIMIZATION OF SIMP (SOLIDITY, INTEGRITY, MENTALITY, PROFESSIONALITY) ELECTION SUPERVISORS TO ACHIEVE DEMOCRATIC, HONEST AND FAIR ELECTIONS Muhammad Asmawi; Lathifah Sandra Devi
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.9498

Abstract

A democratic country is a country whose government is run based on the principle of popular sovereignty. Popular sovereignty means that the people have the ultimate power to determine state policies and regulations. The people can use this power in various ways, such as elections, referendums, and petitions. The purpose of this writing is to maximize the performance of general election supervisors to realize democratic, honest and fair general elections. The research method uses descriptive qualitative analysis using data taken from literature sources and then analyzed. The results of the study that as election organizers must have an attitude of solidarity, integrity, mentality and professionalism. The responsibility of the election supervisor is the Election Supervisory Body (Bawaslu). Bawaslu as an institution responsible for implementing general elections is obliged to improve the loyalty, performance and behavior of election supervisors in order to achieve democratic, honest and fair general elections. Optimizing the behavior of election supervisors to improve integrity can be done with technical guidance, consolidation between election administrators and digitalization of supervisory applications
LEGAL REVIEW RELATING TO CANCELLATION OF ARBITRATION AWARDS THAT ARE ALREADY POWERFUL (INKRACHT) AND FINAL RELATED TO ARBITRATION LAW NO. 30 OF 1999 CONCERNING ARBITRATION CASE STUDY PT. KRAKATAU POSCO AGAINST INDONESIAN NATIONAL ARBITRATION BOARD, DKK AT SERANG STATE COURT Muchamad Iksan Suryana; Agus Prihartono PS; Anne Gunawati
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8391

Abstract

In this thesis, the author discusses the determination of several deviations related to the cancellation of the Arbitration Award as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In this case, the parties and the judges themselves tend to ignore the existence of the Arbitration Institution, the agreement on the absence of an Arbitration Clause is considered a fake document and a deception by the Arbitration Applicant. Krakatau Posco (Arbitration Applicant) against the National Arbitration Board (Arbitration Respondent I) and PT. Krakatau Enggering (Respondent of Arbitration II) in Decision Number 105/Pdt.Arbt/2018/PN.Srg in Serang District Court Class IA. Arbitration clauses are carried out when the contract agreement is about to start between the two parties to avoid disputes before or after in the event of a dispute both parties must file the dispute at the Indonesian National Arbitration Board (BANI). The problems discussed in this thesis are regarding the Determination of Number 105/Pdt.Arbt/2018/PN.Srg. dated September 21, 2018, the judge considered that the absence of the Arbitration Clause was considered a false document and a ruse. The research method used in this thesis is normative juridical through a law approach. The sources used are in the form of secondary legal materials with library techniques that are analyzed qualitatively. The result of this study is the cancellation of the Arbitration decision which was granted by the Panel of Judges at the Serang District Court Class IA based on the fact that there was no Arbitration Clause agreement between the two parties wheKeywords: Arbitration Cancellation, Arbitration Clause
UNETHICAL AND UNCENSORED CONTENT CREATION IN NIGERIA ENTERTAINMENT INDUSTRY: SPRINGING THE LAW TO ACTION Paul Atagamen Aidonojie; Majekodunmi Toyin Afolabi; Omolola Janet Adeyemi-Balogun
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8302

Abstract

Though it can be argued that the essence of the Nigerian entertainment industry meant to entertain the general public, however, it is apt to opine that the Nigerian entertainment industry also has the duty to educate, pass informative messages, and model the character of young adults and children within Nigeria. However, it has been observed that the majority of the content creation within the Nigerian entertainment industry is becoming very sexually dissipated, decadent, and corrupting the Nigerian’s child morals. It is in this regard, that this study embarks on a hybrid method of study concerning the legal and ethical issues of uncensored content creation in the Nigerian entertainment industry. In this regard, 304 questionnaires were sent to respondents resident in Nigeria. The study found that there are legal frameworks censoring content creation within the Nigerian entertainment industry. However, there are still high incidences of sexually dissipated content that could corrupt the good morals of the Nigerian child. It was therefore concluded and recommended that to effectively modeled the morals of the Nigerian child, there is a need for judicial activism and various stakeholders to swing the law into action in curtailing incidences of uncensored content creation within the Nigerian entertainment industry.
CRIMINAL LIABILITY FOR PERPETRATORS THREATENING THE SPREAD OF IMMORAL VIDEOS ON SOCIAL MEDIA Ismail Koto; Ramlan Ramlan; Tengku Erwin Syahbana; Rachmad Abduh; Ibrahim Nainggolan
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8952

Abstract

The rapid development of information and communication technology has affected human development throughout the world. Technological advances in the digitalization era have been made by humans to facilitate human activities such as accessing information and knowledge so that humans can do many things in a short time. Cases of immoral crimes almost always occur in Indonesia and attract public attention. The level of immoral crimes in Indonesia is very high and varied. The perpetrators of immoral crimes also range from children, adults, to the elderly, even early childhood. Two components consist of immoral crimes: norms of decency and norms of decency. In order to function as a basis for providing a sense of justice and legal certainty to the people of Indonesia, the norms of decency play a very important role. This research is normative legal research, namely legal research that places law as a building system of norms. Pornographic crimes that occurred in the Republic of Indonesia are clearly contrary to the principles held by Indonesian society. Pornography crimes often cause concern for the community. The Electronic Information and Transaction Law is a provision that applies to anyone who commits legal acts whether within the scope of Indonesian jurisdiction and/or outside Indonesian territory and causing harm to Indonesia's interests
OPTIMIZING THE ROLE OF THE ELECTION SUPERVISORY COMMITTEE IN HANDLING ELECTION ADMINISTRATIVE VIOLATIONS IN ACEH PROVINCE Ferry Irawan Nasution; Surya Perdana; Cakra Arbas
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8974

Abstract

The Authority of the Election Supervisory Body in the Process of Resolving Administrative Violations of Elections has been regulated by Law Number 7 of 2017. The Election Supervisory Body has the authority to issue final decisions. With this authority, the role of the Election Supervisory Body is strengthened in the law enforcement framework for electoral justice. This research aims to determine how this authority is implemented, especially in the Province of Aceh. The selection of Aceh Province as the research object is due to the increased cases handled by the Election Supervisory Body in the 2019 Elections compared to 2014. The problem formulations for this journal are: How is the Authority of Election Supervisory Committee in Handling Administrative Violations of Elections? What is the Mechanism for Handling Administrative Violations of Elections? and What Factors Influence the Election Supervisory Committee in Resolving Administrative Violations of Elections in the 2019 Elections? This research is normative legal research accompanied by supporting data. Research data was collected through a literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that the institutional strengthening of election oversight has developed with each decade of electoral implementation, manifested through revisions of laws governing the authority of the Election Supervisory Body. Second, the Election Supervisory Body has issued Regulation Number 7 of 2017 concerning the Handling of Findings and Reports of Electoral Violations and Regulation Number 8 of 2018 concerning resolving administrative violations of elections. Third, factors influencing the Election Supervisory Committee in resolving administrative violations of elections include internal factors such as 1) Human Resource Issues, 2) Facilities and Infrastructure, and 3) Budget.Keywords: Election Supervisory Committee of Aceh, Administrative Election Violations
Providing Health Services For The Public in Hospitals Based on A Justice Theory Perspective Nainggolan, Ibrahim; Koto, Ismail; Koto, Zulkarnain
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10810

Abstract

In the rapidly evolving field of medicine, the role of hospitals is crucial in promoting community health. The progress and setbacks of hospitals hinge significantly on the success of the individuals working within them, including doctors, nurses, and other staff. Aristotle's theory of justice, asserting that justice is not only a general virtue but also a specific moral virtue related to human conduct in particular fields, becomes pertinent in the healthcare domain. This theory revolves around establishing positive relationships among individuals and maintaining a balance between two parties. The measure of this balance involves both numerical and proportional equality, as Aristotle conceives justice in terms of equality. Numerical equality dictates that every individual is regarded as equal in a unified unit, such as the equality of all individuals before the law. Proportional equality, on the other hand, involves giving each person what is rightfully theirs based on their abilities and achievements. The application of Aristotle's theory of justice in the healthcare services for the Indonesian populace is evident in the various government-initiated healthcare assurance programs like the Workers' Social Security, Askes, and the Social Security Administration Body. This endeavor aims to ensure that the entire spectrum of society receives equal healthcare services, as it is considered the inherent rights of citizens and the community.
A Juridical Review of Transgender Heirs from the Perspective of Islamic Law and Civil Law Fathin, Fathiyyah Jamil; Koto, Ismail
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.12312

Abstract

This study aims to explore the legal status of transgender or transsexual heirs, the portion of inheritance they are entitled to, and legitimate strategies for addressing inheritance disputes. The research employs a normative juridical approach, utilizing a written survey procedure to analyze relevant legal frameworks. The findings reveal that, under Islamic law, transsexual individuals are typically viewed based on their biological sex prior to undergoing gender reassignment surgery, with differing interpretations across various schools of thought regarding their inheritance rights. Additionally, civil laws in different countries may influence how transsexual heirs are treated, depending on the legal and social context of each nation. Resolving inheritance issues involving transsexual individuals is often complex, due to the need for clarity regarding gender identity and the variation in legal perspectives. Overall, the understanding and application of inheritance laws concerning transsexuals are still evolving, underscoring the necessity for thoughtful reform to ensure equality in inheritance matters.Keywords: transgender, inheritance law, Islamic law, civil law

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