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Eko Nuriyatman
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Mendapo: Journal of Administrative Law
Published by Universitas Jambi
ISSN : 27747840     EISSN : 27747905     DOI : https://garuda.kemdikbud.go.id/journal/view/20102#
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mendapo: Journal of Administrative Law published by the Special Program for State Administrative Law, Faculty of Law, Jambi University. This journal is a publication medium for academics, researchers, and practitioners in the field of law to publish research results or conceptual study articles. The scope of articles published in this journal covers various topics, including (but not limited to): Natural Resources Law; Environmental law; Employment Law; Governmental Law; Local Government Law; Health Law; Agrarian Law; Public Policy Law; Tax law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 93 Documents
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Optimizing the Role of Mediators in Resolving Workers’ Rights Disputes: Optimalisasi Peran Mediator dalam Menyelesaikan Perselisihan Hak Pekerja Raqel Elang Pangestu, Muhammad; Putra Maya Padaloka, Rocky; Rambu Rambuni, Arraya
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): Oktober 2025 (In Progress)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.50692

Abstract

Industrial relations disputes, particularly rights disputes following termination of employment, frequently arise due to differences in interpretation and implementation of rights and obligations between workers and employers. Mediation is prioritized as a non-litigation dispute resolution mechanism before cases proceed to the Industrial Relations Court. This study aims to analyze the role of mediators at the Tangerang Regency Manpower Office in resolving rights disputes and to identify factors that hinder the effectiveness of the mediation process. This research employs an empirical legal research method with a qualitative approach, using interviews and field observations conducted during an internship program. The findings indicate that mediators have performed their roles in facilitating dialogue, examining documents, and issuing recommendations; however, the effectiveness of mediation is often constrained by the absence of disputing parties, incomplete documentation, differences in legal interpretation, and the non-binding nature of mediation recommendations. The novelty of this study lies in its empirical finding that mediation recommendations at the regional level tend to function merely as administrative formalities, limiting their effectiveness in strengthening the protection of workers’ rights. This study recommends strengthening mediator authority and improving the substantive quality of mediation outcomes to achieve a more effective and equitable industrial dispute resolution mechanism.
The Overlooking of Substantive Justice: A Progressive Legal Examination of the PT Timah Tbk Corruption Ruling: Keadilan Substantif yang Terabaikan: Telaah Hukum Progresif atas Putusan Kasus Korupsi PT Timah Tbk Intan Amara Dewi, Adinda; Gabriella Bridget Tarandung, Helena; Tira Varany, Yacinta; Kartika Sari, Elsi
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): Oktober 2025 (In Progress)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.51057

Abstract

Corruption in the natural resources sector, particularly in the tin mining industry, constitutes a crime that not only causes significant losses to state finances but also reflects structural failures in state governance in fulfilling its constitutional mandate as stipulated under Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This article aims to critically examine the role of the government and the judiciary in the PT Timah Tbk corruption case through an analysis of the Corruption Court Decision Number 70/Pid.Sus-TPK/2024/PN.Jkt.Pst, employing the perspectives of substantive justice, progressive law, and administrative law. This study adopts a normative legal research method using statutory, case, and conceptual approaches. The findings reveal that although the court decision formally satisfies law enforcement requirements through criminal sanctions and the recovery of state financial losses, judicial reasoning remains predominantly legal-positivistic and focuses on individual criminal liability. The dimensions of the state’s structural responsibility, governance failures in the mining sector, and the systemic impacts of corruption on public interests have not been adequately articulated in the ratio decidendi of the decision. As a result, substantive justice is reduced to mere procedural justice. This article argues that the judiciary holds a strategic position as the guardian of public interest and an agent of social transformation in corruption cases classified as extraordinary crimes. Therefore, strengthening judicial reasoning is essential to ensure that court decisions function not only as instruments of punishment, but also as mechanisms for correcting public policy failures and promoting governance reform.
Village-Owned Enterprises Legal Accountability for Village Natural Resources Management in the Perspective of Separate Legal Entity and Legal Certainty Naili Hidayah, Lili; Najwan, Johni; Suryahartati, Dwi
Mendapo: Journal of Administrative Law Vol. 6 No. 3 (2025): Oktober 2025 (In Progress)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i3.52967

Abstract

This article examines the construction of legal accountability for the management of natural resource-based village assets by Village-Owned Enterprises (BUMDesa) after its recognition as a legal entity through Government Regulation Number 11 of 2021. This recognition places BUMDesa as an independent legal subject that operates based on the principle of separate legal entity. However, in practice, the application of this principle still leaves juridical problems, especially related to the separation between village wealth and BUMDesa wealth and the potential shift in the character of village assets from public wealth to objects of private interest. This condition has implications for the weakening of legal protection for village assets and the increased risk of irregularities in the management of village natural resources. This article emphasizes that the legal accountability of BUMDes is dualistic, namely corporate responsibility for business activities and public accountability for the protection of the interests of village communities and the sustainability of natural resources. The absence of a firm and systematic regulation causes a legal gray space that blurs the boundaries of responsibility between BUMDesa and the village government. Therefore, it is necessary to reconstruct the regulation and strengthening of BUMDesa governance to ensure legal certainty, maintain the public character of village assets, and ensure that its use remains in line with the constitutional goals of maximum prosperity of the people

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