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INDONESIA
Legalpreneur Journal
Published by Universitas Dharmawangsa
ISSN : 29620961     EISSN : 29649889     DOI : https://doi.org/10.46576/lpj.v1i1
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Other
We provide editors and reviewers on topics related to legal issues globally. The scope of articles published in this journal is related to the Department of Law available in the Master Of Law at Dharmawangsa University, where the purpose of this journal is to provide a forum for academics, practitioners and researchers to publish research manuscripts or conceptual manuscripts. The scope of articles published in this journal deals with topics in the fields of Comparative Law, Customary Law, Constitutional Law, Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions related to the study of law.
Arjuna Subject : Umum - Umum
Articles 19 Documents
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Search results for , issue "Volume 1, No. 1 October 2022" : 19 Documents clear
Legal Protection For Contractors With Contract Providers For Procurement Of Goods / Services Due To Covid 19 (Case Study Of PT. Dharma Agung Wijaya) Dedek Maulana; Nurhayati Nurhayati; Ruslan Ruslan
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2637

Abstract

The covid 19 pandemic influenced the implementation of the agreement experienced between PT. Indo Hutama Jaya and PT. Dharma Agung Wijaya where work was hampereddue to regulations during the pandemic which required workers from outside the region tobe quarantined for 14 days and there was a decrease in economic capacity which affectedthe implementation of the agreement. Indo Hutama jaya?, How is the legal protection ocontractors with goods/services contractors in procurement agreements during the covid 19pandemic?. The research methods used are normative and empirical juridical research. Thenature of the research used in this study is descriptive analysis. Based on the results of thestudy, the conclusion in this study is that delays occur almost in every implementation andhave different problems, factors that cause delays in the implementation of contracts thatoccur in PT. Indo Hutama Jaya and PT. Dharma Agung Wijaya explained that both the Firstparty and the second party are exempt from liability for failure or delay in performing theiobligations under this contract, caused by things beyond the reasonable ability of the parties and not caused by negligence of the parties. Responsibility of the board of directorsfor the contractual relationship with the second party where the board of Directors is responsible for controlling and supervising the implementation of the contract inaccordance with the scope of work, cost, term and other provisions agreed.
Legal Protection For Outsourced Workers Who Are Dismissed Due To Disability Due To Work Accidents Hermawan Hermawan; Rilawadi Rilawadi; Syariful Azmi
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2638

Abstract

Workers / laborers can get work accident insurance if the employer or company has registered themselves and their workers as participants in the BPJS Ketenagakerjaan program. Based on the results of the study, the conclusion in this study is that the legal relationship between companies and workers based on Labor Law is the relationship between employers and workers/workers based on labor agreements, which have elements of work, wages, and orders and are regulated in Law Number 11 of 2020 concerning job creation. Based on Law Number 11 of 2020 concerning job creation Article 116, Article 117, Article 123 Article 124 and Article 151. One of the obligations of employers is to provide protection and safety for outsourced labor, especially for workers who have had work accidents who perform one job related to employment relations, in accordance with Article 151 Number 1 of the job creation Law Number 11 of 2020 stating employers or workers, unions/trade unions, and the government, with all efforts must try to avoid layoffs. Work accident that occurred in Sujatmiko resulting in defects in the hand, but as a result of the incident Sujatmiko laid off from his workplace, namely PT. PT. BIA without severance pay. Dinasker party gave a summons to PT. BIA. Then there was a bipartite meeting between Sujatmiko and PT. BIA accompanied by PT. KMP running Time 2 weeks finally PT. BIA issued severance pay of Rp.60,000,000 to Sujatmiko provided that the money given to PT. KMP to be channeled to Sujatmiko.
Prevention Of Narcotics Abuse By The Batang Kuis Police In Deli Serdang Regency Rahmat Hidayat Syahputra; Nurhayati Nurhayati; Azmiati Zuliah
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2639

Abstract

The circulation and abuse of drugs in society must be prevented and tackled. This prevention effort must be carried out in accordance with the issuance of the Drug Law so that this drug problem does not continue to grow in society as a bad epidemic for the development of the country. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis.Sources of data used in this study are primary and secondary data. The obstacles faced by the Batangkuis Police Drug Unit are 2, namely non-penal policy barriers and penal policy barriers. Based on the results of the study, the conclusion in this study is the legal regulation of narcotics based on Law No. 35 of 2009 on narcotics prioritizes rehabilitation of drug addicts and users, but very high criminal sanctions against narcotics dealers and precursors. The spirit and purpose of the promulgation of the Narcotics Act is to prevent and eradicate illicit trafficking of narcotics in Indonesia. The obstacles faced by the Batang Kuis Police Drug Unit there are two namely non-penal policy barriers and penal policy barriers.Preventive barriers related to raids carried out at night entertainment venues in Batang Kuis, often hampered by the problem of leaking information about entertainment venues to be conducted raids. The penal policy barriers faced by the Batangkuis Police Drug Unit, consists of two barriers, namely internal and external barriers.
Labor Law Protection Due To Termination Of Employment Due To The Covid 19 Pandemic Irawan Irawan; Ariman Sitompul; Melky Suhery Simamora
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2640

Abstract

At the beginning of the Covid-19 pandemic, the implementation of policies regarding large- scale social restrictions had a very significant impact on companies in North Sumatra. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study, the conclusion in this study is the regulation of termination of employment due to the covid-19 pandemic which is regulated in Law Number 11 of 2020 concerning job creation, namely by reason of efficiency because the first in the provisions of Article 154 a paragraph of the job creation law states that "the company performs efficiency, either followed by the closure of the company or not followed by the closure of the company due to the company experiencing losses". The collective agreement is the result of a final agreement that should not be contested in the future from both the workers and employers. Termination of employment due to COVID-19 in Indonesia, the average layoff is not because the company is closed or closed, but because of the implementation of Work from Home which is a recommendation from the government.   
Benefits And Legal Certainty For The Community On Participatory Mapping Services At The Medan City Land Office Wahyu Utomo; Kusbianto Kusbianto; Azmiati Zuliah
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2636

Abstract

The purpose of this study was to determine the public service in Medan City Land Office. To find out the administrative system of land mapping in Medan City Land Office. To determine the effectiveness of legal benefits for the community on participatory mapping of Land Services at the Medan City Land Office. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study is the National Land Agency (BPN) is a vertical agency, as a vertical unit that organizes Land Services. Vertical service units are service units that are under the ministry / central institution but have services up to the regional level. The National Land Agency (BPN) is a Non-departmental government agency under and responsible to the president and headed by the head of the National Land Agency (BPN).BPN is regulated through Presidential Regulation Number 10 of 2006 concerning the National Land Agency. The administrative system of land registration in the National Land Agency of Medan through the right path that is through the procedures made by the agency to Agrarian. In PP No. 24 of 1997 regulates a number of lands that have been in doubt about the evidence to absenteeism as well as the process and evidence of their rights have been affirmed as land that can be converted into rights according to the Constitution with the development of a legal institution “adjudication” which is regulated in Article 24 FST of PP 24 of 1997. From the provisions of this PP, there are several other things that are the object of conversion or evidence that can be forwarded to be used in the management of land certificates. As for efforts to minimize obstacles undertaken by the Medan Land Office, namely: trying to eradicate scalpers, the need for increased quality and quantity of equipment so that it can be used properly, increased quality human resources means participating in following specifically in the Diploma program or Bachelor's level in cadastral mapping and measurement, seeking costs.
Prevention Of Narcotics Abuse By The Batang Kuis Police In Deli Serdang Regency Syahputra, Rahmat Hidayat; Nurhayati, Nurhayati; Zuliah, Azmiati
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2639

Abstract

The circulation and abuse of drugs in society must be prevented and tackled. This prevention effort must be carried out in accordance with the issuance of the Drug Law so that this drug problem does not continue to grow in society as a bad epidemic for the development of the country. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis.Sources of data used in this study are primary and secondary data. The obstacles faced by the Batangkuis Police Drug Unit are 2, namely non-penal policy barriers and penal policy barriers. Based on the results of the study, the conclusion in this study is the legal regulation of narcotics based on Law No. 35 of 2009 on narcotics prioritizes rehabilitation of drug addicts and users, but very high criminal sanctions against narcotics dealers and precursors. The spirit and purpose of the promulgation of the Narcotics Act is to prevent and eradicate illicit trafficking of narcotics in Indonesia. The obstacles faced by the Batang Kuis Police Drug Unit there are two namely non-penal policy barriers and penal policy barriers.Preventive barriers related to raids carried out at night entertainment venues in Batang Kuis, often hampered by the problem of leaking information about entertainment venues to be conducted raids. The penal policy barriers faced by the Batangkuis Police Drug Unit, consists of two barriers, namely internal and external barriers.
Legal Protection Of Occupational Safety And Health In The Employment Agreement Yunus, Muhammad
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.4734

Abstract

PT. Indo Hutama Jaya, which is engaged in Civil Mechanical Construction, has been registered with the supervision of the Ministry of manpower, there are some irregularities or problems, namely the right to guarantee Occupational Safety and health for workers who work at PT. Indo Hutama Jaya, such as incomplete use of PPE that has been provided by the company or does not follow the work procedures set by the company. To prevent or minimize the occurrence of accidents and occupational diseases, the PT. Indo Hutama Jaya implement SMK3. The research method used is normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. The data sources used in this study are primary and secondary data. The method of data analysis used in this study is descriptive qualitative. Based on the results of the study, the conclusion in this study is a work Agreement set forth in Article 1601 A of the Civil Code must contain the terms of the validity of the agreement in accordance with Article 1320 of the Civil Code such as the agreement of both parties, the existence of skills in making alliances, the existence of a certain thing, and the existence of a lawful cause. Implementation of legal protection in PT. Indo Hutama Jaya is the legal protection of working hours and breaks, salaries or wages, bonuses or benefits, and the existence of facilities regarding Occupational Safety and health, such as personal protective equipment, guard posts, bathrooms. But in the employment agreement PT. Indo Hutama Jaya, workers do not receive protection regarding Occupational Safety and Health and workers are not included in the BPJS Ketenagakerjaan program. For the implementation of Occupational Safety and Health Protection at PT. Indus Hutama Jaya in accordance with law No. 1 Of 1970 On Occupational Safety. Legal protection of Occupational Safety and Health in the legislation in accordance with Law No. 1 of 1970 on Occupational Safety, especially Article 3 which stipulates the terms of Occupational Safety in the company. And Law No. 13 of 2003 on Labor that provides legal protection against labor/workers, wages, and welfare. The legislation that regulates Occupational Safety and health is also supported by government regulations, ministerial regulations, ministerial decisions on Occupational Safety and health (K3), ministerial instructions, and circulars and decisions of the Director General of Industrial Relations and Labor supervision.
Labor Law Protection Due To Termination Of Employment Due To The Covid 19 Pandemic Irawan, Irawan; Sitompul, Ariman; Simamora, Melky Suhery
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2640

Abstract

At the beginning of the Covid-19 pandemic, the implementation of policies regarding large- scale social restrictions had a very significant impact on companies in North Sumatra. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study, the conclusion in this study is the regulation of termination of employment due to the covid-19 pandemic which is regulated in Law Number 11 of 2020 concerning job creation, namely by reason of efficiency because the first in the provisions of Article 154 a paragraph of the job creation law states that "the company performs efficiency, either followed by the closure of the company or not followed by the closure of the company due to the company experiencing losses". The collective agreement is the result of a final agreement that should not be contested in the future from both the workers and employers. Termination of employment due to COVID-19 in Indonesia, the average layoff is not because the company is closed or closed, but because of the implementation of Work from Home which is a recommendation from the government.   
Legal Sanctions Related To The Consideration Of Judges In Decision Number 1306 / K/Pid-Sus/Phi/2017 Tarmizi, Tarmizi
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.4735

Abstract

The issues raised in this thesis are how the legal consequences for workers without a written work Agreement and the consequences for employers or employers, how the legal protection of workers who receive wages under UMP and how the legal sanctions related to the consideration of judges in Decision No. 1306/K / Pdt.Sus-PHI/2017. The research method used in this study is normative juridical research. Normative legal research is a study of secondary data. The nature of this study is descriptive analysis. Data collection techniques this study was conducted by the method of library research (library research). The legal consequences for workers without a written employment agreement and the consequences for employers or employers are expressed as an indefinite employment agreement (PKWTT) or permanent employees. PKWT that is made unwritten is stated as a work agreement for an indefinite period (PKWTT). Legal protection of workers who receive wages under UMP there are two forms, namely preventive protection and repressive protection. Preventive protection is contained in Article 88 Paragraphs (1) and (2) of Law No. 13 of 2003 concerning manpower. Repressive legal protection, can be seen from the decision of the Supreme Court judges in Decision No. 1306/K / Pdt.Sus-PHI/2017 which stated that it sentenced the defendant to pay severance to the plaintiffs in the amount of Rp29, 235, 300.00 (twenty-nine million two hundred thirty-five thousand three hundred rupiah), as a fulfillment of the plaintiff's Rights demanded by the plaintiff to the defendant. Legal sanctions related to the consideration of judges in Decision No. 1306/K / Pdt.Sus-PHI / 2017, which states that it punishes the defendant to pay severance pay to the plaintiffs in the amount of Rp29, 235, 300.00 (twenty-nine million two hundred thirty-five thousand three hundred rupiah), as a fulfillment of the plaintiff's Rights demanded by the plaintiff to the defendant
Forms Of Legal Protection Of The Identity Of The Child Who Is Dealing With The Law Supriyadi, Supriyadi
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.4736

Abstract

The identity of the child who is facing the law for the crime of molestation really needs to be protected and kept secret because for the future. Avoid the negative stigma that children face. The problem raised in this thesis is how the form of ethical violations against the publication of the identity of children who are faced with the law?. What is the form of legal protection for the identity of a child who is dealing with the law? How is the application of sanctions against the media that disseminate the identity of children who face the law?.The research method used in this study is normative juridical research. Normative legal research is secondary data. The nature of this study is descriptive analysis. Data collection techniques this study was conducted by the method of library research (library research). The form of ethical violations against the publication of the identity of children who are faced with the law are:the identity of the child, namely the name of the victim/perpetrator, the name of the perpetrator's parents, the name of the victim's parents, the face of the victim's child, the face of the perpetrator's child, the address of the perpetrator's child and the victim's child. Must be kept secret is that the identity of the child who is dealing with the law that must be kept secret was disclosed in the print media and electronic media.The form of legal protection for the identity of children who are faced with the law is to be treated humanely by paying attention to their age-appropriate needs, separated from adults, obtaining legal assistance and other assistance effectively, conducting recreational activities, free from torture, punishment or other inhumane cruel treatment and degrading their degree and dignity, not sentenced to death or life imprisonment, not arrested, detained, or imprisoned, except as a last resort in the shortest possible time, obtain justice in the face of an objective impartial children's court and in a hearing that is closed to the public, not published identity, obtain the assistance of parents / guardians and people trusted by the child, obtain social advocacy, obtain private life , obtain accessibility, especially for children with disabilities, obtain education, obtain health services, obtain other rights in accordance with the provisions of legislation.

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