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LEX OMNIBUS : JURNAL HUKUM TATA NEGARA DAN ADMINISTRASI NEGARA
Published by Yayasan Pendidikan Dan Pelayanan Kesehatan Rahmat Husada
ISSN : -     EISSN : 30627303     DOI : 10.08221/lexomnibus
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the 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 Theories and principles of constitutional law, Structure and functions of state institutions, Relationship between state institutions and individuals, Regulation and implementation of public policies, Legal aspects of public administration, Comparative studies of constitutional and administrative law systems in different countries, Contemporary issues in constitutional and administrative law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 19 Documents
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PEMUTUSAN HUBUNGAN KERJA KARYAWAN PERJANJIAN KERJA WAKTU TERTENTU (PKWTT) OLEH PT.DUTA SARANA PERKASA – KABUPATEN BOGOR. (ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 791 K/PDT.SUS- PHI/2023) Sembiring Kembaren, Evo Jumpangena; Sari, Indah
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

Unilateral termination of employment often occurs due to lack of good communication between employers, workers and the government. In this research the author examines and analyzes the Supreme Court Decision Number 791 K/Pdt.Sus-PHI/2023 which adjudicates and examines disputes between workers and PT. Sarana Perkasa Ambassador- Bogor Regency.In this case, the company unilaterally terminated employment relations with employees with an indefinite work agreement (PKWTT), and was not willing to pay severance pay, long service award money and compensation for rights in accordance with article 40 paragraphs (2), (3) and paragraphs (4) Government Regulation no. 35 of 2021. Even though the mechanism for terminating employment relations has been regulated in Article 151 of Law No. 11 of 2020 concerning Job Creation, industrial relations disputes often occur. This research uses normative juridical methods, by analyzing the Supreme Court decision Number 791 K/Pdt.Sus -PHI/2023, through a statutory approach and a case approach. The research results show that First, the mechanism for terminating employment relations carried out by PT. Duta Sarana Perkasa violated statutory regulations. Second, in its decision, the Supreme Court annulled the PHI Bandung decision, on the grounds that it had misapplied the law, and in adjudicating itself regarding judex facti and the reasons submitted by the workers, especially related to status. employees and the rights that workers must receive if they are laid off in accordance with applicable laws and regulations, the author sees that there are legal norms that are ignored by the Panel of Judges regarding processing wages which are not stated in the decision, processing wages that workers should be able to receive after decision determined by the Supreme Court.
IMPLEMENTASI PERATURAN MENTERI KETENAGAKERJAAN NOMOR 2 TAHUN 2015 TERHADAP PERLINDUNGAN HAK PEKERJA RUMAH TANGGA DILINGKUNGAN KECAMATAN KRAMAT JATI Munizar, Kasmedi; Sudarto
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

The large number of workers in the scope of Domestic Workers should receive more attention. Domestic Workers should be included in formal sector workers who are protected by the provisions of the law. The living and working situations of domestic workers do not reflect workers at all. Domestic workers in carrying out their work are included in jobs that do not have legal norms like formal workers regulated in the UUK so that their rights as workers are neglected. There are no special regulations on domestic workers so that it is considered necessary to protect domestic workers and make regulations on the protection of domestic workers as the basis for Permenaker Number 2 of 2015 concerning the Protection of Domestic Workers. The research method uses normative legal research. The results of the study show that the government issued Permenaker No. 2 of 2015 concerning the Protection of Domestic Workers. But the regulation still has shortcomings. Minister of Manpower Regulation Number 2 of 2015 has included the rights of domestic workers in Article 7 and the obligations of domestic workers in Article 8. In addition, Article 5 of this regulation also stipulates that the parties must reach a written or verbal agreement, which reads "Employers and domestic workers are required to make a written or verbal work agreement that contains rights and obligations and can be understood by both parties and is known by the head of the Neighborhood Association or by another name". Basically, the existence of domestic workers in working is not much different from other workers. Domestic workers should be treated the same as other workers. Various civil rights of workers which are basic rights of workers (normative rights, such as wage protection, working hours, holiday allowances, social security for workers, compensation for termination of employment and rest/leave rights) apply to workers in general and should be applied to domestic workers.
ETIKA MORAL DAN INTEGRITAS TERSELENGGARANYA SISTIM DEMOKRASI PEMILIHAN LANGSUNG KEPALA DAERAH 2024 SESUAI NILAI YANG TERKANDUNG DALAM PANCASILA Sinaga, Maniur
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

Democracy is a main pillar in the Indonesian government system which is based on the 1945 Constitution and adopts a presidential system with direct elections every five years. General Elections (Pileg and Pilpres) and Regional Head Elections (Pilkada) are part of the Pancasila Democracy system which emphasizes ethics and morals in the nation and state. Pilkada as a form of democracy provides constitutional rights for citizens to elect regional leaders who are considered worthy. This direct election strengthens the democratic system with the principles of direct, general, free, and secret (Luber), but faces major challenges, including the potential for disputes in court. This study uses a normative research method with a statutory regulatory approach and case studies on the implementation of democracy in the 2024 Pilkada. The legal basis used includes Law No. 10 of 2016 concerning Pilkada and Law No. 7 of 2017 concerning Elections, which are a follow-up to the Constitutional Court Decision No. 14 of 2013. The results of this study indicate that there is a close relationship between the values ​​of Pancasila and democracy in the 2024 Pilkada, especially in the aspects of justice, equal rights, and political participation based on national ethics and morals. However, the implementation of Pancasila values ​​in the democratic process still faces challenges, such as money politics, hoaxes, and political polarization that can erode the integrity of the election. Therefore, it is necessary to strengthen ethics and morals in the 2024 Pilkada through political education, strict law enforcement, and optimization of the role of election organizers and supervisors.
PANCASILA DAN HAK ASASI MANUSIA : MENJAGA KESEIMBANGAN ANTARA HAK INDIVIDU DAN KEPENTINGAN UMUM Junaedi, Oding
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

This article discusses the balance between individual rights and public interest in the context of human rights based on the principles of Pancasila. Human rights are recognized in the Indonesian legal system, but their implementation takes into account social harmony. This study uses a normative method with a legislative and conceptual approach. The results of the study indicate that Pancasila is the basis for balancing individual freedom with social responsibility. However, challenges arise in implementation, especially related to freedom of expression, public policy, and social justice. Several regulations, such as the ITE Law and spatial planning policies, reflect the state's efforts to regulate this balance, although they still need to be evaluated to avoid excessive restrictions on individual rights. This study emphasizes that human rights in the Indonesian legal system are not absolute, but must be in line with the values ​​of Pancasila. Therefore, it is necessary to revise policies that have the potential to disproportionately limit individual rights and strengthen public understanding of human rights within the framework of Pancasila.
RELEVANSI NILAI-NILAI PANCASILA DALAM MENGHADAPI TANTANGAN GLOBALISASI Junaedi, Oding
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

Globalization brings various challenges to the sustainability of Pancasila values ​​in national and state life. This study aims to analyze the relevance of Pancasila values ​​in facing the challenges of globalization and obstacles in its implementation using normative legal research methods. This study focuses on the study of laws and regulations and legal doctrines related to the implementation of Pancasila values ​​in the national legal system. The results of the study indicate that although Pancasila remains relevant as a guideline in maintaining national identity, its implementation faces various obstacles. The main challenges faced include the influence of foreign cultures that can shift local values, the decline in the understanding of the younger generation towards the nation's ideology, and the increase in social and economic inequality. To overcome these challenges, it is necessary to strengthen regulations that accommodate Pancasila values ​​in national policies, improve Pancasila-based education, and the role of the state in reducing socio-economic disparities. With these steps, Pancasila can continue to be the main foundation in building a sovereign and just nation in the global era.
TANGGUNG JAWAB PEMBAYARAN UANG MUKA DAN RISIKO KORUPSI KERUGIAN KEUANGAN NEGARA DALAM PROYEK PEMBANGUNAN JALUR TRANSMISI LISTRIK Wijaya, Firman; Triyanto, Slamet
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.194

Abstract

The development of electricity infrastructure, especially electricity transmission line projects, is an important part of supporting national economic growth. However, in its implementation, the project often faces legal problems, especially related to down payments that can have implications for the risk of corruption and state financial losses. The down payment given by the employer to the contractor is intended to accelerate the implementation of the work, but in practice it is often misused, either due to weak supervision, breach of contract, or lack of adequate guarantees. This study aims to analyze the legal responsibility in down payment payments and identify the potential for corruption that can arise due to deviations in its use. The method used is normative juridical with a conceptual approach and laws and regulations. The results of the study show that in the 150 kV T/L transmission construction project in West Sulawesi by PT PLN (Persero), it was found that down payments had been made in accordance with the provisions of laws and regulations. However, the contractor was only able to complete a small part of the work, namely 33 of the 81 foundation points, before the project was unilaterally stopped. This failure has the potential for state losses due to the lack of progress commensurate with the down payment that has been paid, as well as the weak realization of the down payment guarantee. In addition, the absence of contract termination in accordance with legal procedures and the absence of sanctions against service providers strengthens the indication of administrative negligence and the potential for corruption. Therefore, it is necessary to strengthen the legal aspects in the construction contract clauses, as well as strict supervision in the distribution and use of down payments so that national strategic projects are implemented in an accountable and transparent manner.
TANGGUNG JAWAB HUKUM PELAKU USAHA TERHADAP KONSUMEN ATAS PENJUALAN OBAT DENGAN HARGA ECERAN TERTINGGI PADA APOTEK A.A. Dody Hartawan
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 2 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i2.223

Abstract

In everyday life, the buying and selling transaction process will continue to take place, which will be carried out by business actors and consumers. A standard or price limit set on the selling price of a drug will provide a guarantee to consumers in terms of purchasing drugs at the price set by the Company which will then be sold by the business actor to consumers. The price set is in the form of (HET) Highest Retail Price) which has been set by the Company and has received price approval from the government through the relevant agency. In this case, the formulation of the problem to be discussed is. What is the form of legal protection for consumers who purchase drugs above the Highest Retail Price (HET) and What is the responsibility of business actors towards consumers who are harmed in purchasing drugs above the Highest Retail Price (HET). The type of research used in this study is a normative research type. A form of legal protection that can be put forward for consumers who purchase drugs above the highest retail price is in the form of preventive and repressive legal protection and the responsibility imposed on business actors can be in the form of criminal sanctions, fines, and administrative sanctions.
ATMOSFER PIDANA DALAM PERDATA Maniur Sinaga
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 2 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i2.226

Abstract

Criminal law and civil law are two legal domains with different functions, objectives, and enforcement mechanisms in the Indonesian legal system. However, in law enforcement practice, a phenomenon known as a criminal atmosphere in civil law often occurs, namely a condition where a civil dispute is accompanied by or transferred to a criminal process. This phenomenon gives rise to various legal issues, ranging from legal uncertainty, the potential criminalization of civil disputes, to violations of the principles of justice and human rights. This study aims to examine the concept of a criminal atmosphere in civil cases, identify the factors causing the transfer of cases from the civil to the criminal realm, and analyze the resulting legal and social impacts. This study uses a normative juridical method with a conceptual approach and legislation, supported by a study of relevant court decisions. The results show that the transfer of civil cases to criminal cases is generally triggered by the misuse of criminal articles, a weak understanding of law enforcement officials regarding the boundaries of breach of contract and criminal acts, and public perception that the criminal route is more effective. The existence of the element of mens rea and the application of the principle of ultimum remedium are the main keys in determining the legal qualification of an act. This study emphasizes the importance of strengthening the principle of ultimum remedium, protection of rights through legal aid, and the professionalism of law enforcement officers to prevent the criminalization of civil disputes and maintain legal certainty and justice in the Indonesian justice system.
KEABSAHAN PERJANJIAN KREDIT BANK DAN TANGGUNG JAWAB HUKUM ATAS PEMBERIAN HAK TANGGUNGAN OLEH PIHAK YANG TIDAK BERWENANG Niru Anita Sinaga
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 2 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i2.227

Abstract

A banking credit agreement is a principal contract that forms the legal basis for the relationship between the bank as the creditor and the customer as the debtor. In banking practice, to ensure the fulfillment of the debtor’s legal obligations, banks require collateral in the form of a Mortgage Right (Hak Tanggungan), which is regulated under Law Number 4 of 1996 concerning Mortgage Rights. The Mortgage Right is accessory to the banking credit agreement and is only legally valid if granted by a party legally authorized in their capacity as the holder of rights over the mortgaged object. However, in practice, there are often cases where the Mortgage Right is granted by an unauthorized party due to lack of ownership, legal incapacity, or failure to obtain the required consent from other parties as mandated by applicable laws and regulations. This issue raises legal implications regarding the validity of the Mortgage Right, the validity of the banking credit agreement as the principal contract, and the legal responsibilities of the parties involved. This study aims to analyze the validity of banking credit agreements when the Mortgage Right is granted without meeting the legal requirements and to examine the resulting legal responsibilities. Using normative legal research supported by statutory and conceptual approaches, the study finds that Mortgage Rights granted by unauthorized parties are legally invalid and therefore do not provide effective legal protection for the bank, without automatically nullifying the banking credit agreement except under certain conditions. These findings underscore the importance of prudence and good faith by banks and related parties in banking operations.

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