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Deposisi: Jurnal Publikasi Ilmu Hukum
Published by International Forum of Researchers and Lecturers
ISSN : 29875188     EISSN : 29874211     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Deposisi: Jurnal Publikasi Ilmu Hukum dengan e-ISSN : 2987-4211 p-ISSN : 2987-5188 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun (Maret, Juni, September dan Desember).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 258 Documents
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Konflik Hukum Agraria Terhadap Pembangunan Jalan Tol Di Sumatera Barat
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1792

Abstract

This research in-depth investigates agrarian law conflicts that arise in connection with toll road construction in the West Sumatra Province. The main focus of this research is on exploring the position of Minangkabau community customary land in the context of inheritance law. An in-depth analysis was carried out on the role of the 1945 Constitution of the Republic of Indonesia and Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) in regulating the revocation of rights to customary land for the public interest. This research also explores comparisons with other regions in Indonesia to reveal variations in legal approaches in dealing with similar conflicts. Thus, this research aims to understand the complexity of conflicts that arise along with these infrastructure projects. The results of this research provide an illustration that the agrarian law conflict in West Sumatra is not only limited to the revocation of rights to customary land, but also involves aspects of inheritance law which significantly influence the position of the Minangkabau people. The implications of these findings will be explained comprehensively to provide in-depth insight into the dynamics of agrarian law conflicts in the context of infrastructure development in Indonesia.
Outsourcing: Analisis Ketidakpastian Hubungan Kerja Yang Mengarah Pada Modern Slavery Perspektif Teori Keadilan John Rawls
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1800

Abstract

Outsourcing means handing over part of the work implementation to another company through a work contract agreement or worker/labor service provider. This research aims to analyze the form of disharmony in legal norms in outsourcing policies in Indonesia, and to analyze the protection of outsourced workers in terms of John Rawls's theory of Justice. This research is normative research using primary and secondary data obtained from literature reviews and statutory regulations related to the issues raised. The results of this research show that the work relationship that is practiced in the outsourcing system based on Article 65 paragraph (8) of Law Number 13 of 2003 states that work relations that initially occur between workers/laborers and the company receiving the work can in certain cases change to work relations between workers/laborers. with the employing company. This shift creates problems because from the start, employment relations only existed between the employer company and the workers/laborers. After the decision of the Constitutional Court Number 27/PUU-IX/2011, the working relationship between outsourced workers/laborers and outsourcing companies can be carried out through a Specific Time Work Agreement (PKWTT) or a Certain Time Work Agreement (PKWT), but the implication of the Constitutional Court's decision is that if the employment relationship between workers/workers and outsourcing companies that are not based on PKWTT or PKWT, this will create uncertainty about the employment relationship status for outsourced workers/laborers. Regarding the protection of the uncertainty of employment relations between outsourced workers/laborers, John Rawls stated that it would be unfair to sacrifice the rights of one or several people just for the sake of greater economic benefits for society as a whole. Justice as fairness means that not only those who are talented and have better abilities -in this case permanent employees of a company have the right to enjoy various social benefits more, but these benefits must also open up opportunities for those who are less fortunate in terms of These are outsourced workers/laborers in order to improve their standard of living.
Peran Kepastian Hukum oleh Hakim atas Penjatuhan Pidana dalam Perkara Korupsi: Analisis Putusan Nomor 7/Pid.Sus-TPK/2023/Pn Yyk
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1801

Abstract

The role of judges in forming laws and interpreting statutory texts is important to realize the value of legal certainty. Evidence in criminal justice is an important focus. Especially if there are judges who have different views and apply dissenting opinions in assessing concrete cases, especially criminal acts of corruption. The aim of this research is to analyze the views of two different panels of judges in achieving legal certainty and substantive justice received by the defendant during the criminal justice process. The research method used in this research is normative-empirical research which in collecting data uses literature and observation methods to observe and record the situation and conditions of legal events that occur. The results of this research are that judges' freedom in making decisions often ignores legal certainty due to differences in interpretation, resulting in clear laws becoming unclear and the value of legal certainty not being achieved optimally
Akibat Hukum Yang Timbul Dari Perceraian Beda Kewarganegaraan Perspektif Hukum Perdata Internasional
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1802

Abstract

Divorce between spouses of different nationalities has become an increasingly common phenomenon in the context of globalization. International civil law plays a key role in addressing the legal issues arising from divorce between different nationalities. This article discusses the legal repercussions arising from such divorces, focusing on several important aspects. Determination of the applicable law is a major concern in cases of non-citizenship divorce. The Lex Loci principle is the rule used to determine the law governing divorce, with special considerations regarding both spouses being from different countries. The recognition of divorce in different jurisdictions is an important concern. The process of official recognition of divorce in different countries often requires special procedures and certain requirements. Issues related to child custody become particularly significant if the couple has children together. International civil law considers aspects such as child residence, custody, and child-related decision-making. A valid divorce certificate may be required for various purposes, including a change in marital status in each spouse's country. The process of obtaining a divorce certificate may vary in each spouse's home country. Pensions and inheritance may also be affected by divorce, and the application of international civil law principles is necessary to determine the associated rights.
Putusan Hakim Terhadap Kasus Narkoba Saiful AG Berdasarkan Undang-Undang Narkotika Studi Perkara Putusan 1677/Pid.Sus/2023/PN.Mdn
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1803

Abstract

Narcotics are substances or drugs that are very useful, especially in the medical world and are needed to treat certain diseases. However, if it is misused or used not in accordance with treatment standards, it can have very detrimental consequences if accompanied by the abuse and illicit trafficking of narcotics which results in greater danger to the life and cultural values ​​of the nation which will ultimately weaken national resilience. The research method we use is a Case Study research method in which we examine a criminal defendant with methamphetamine as contained in Case Number: 1677/Pid.Sus/2023/PN Mdn, Wednesday 20 September 2023. vIn the case of a methamphetamine drug courier , two perpetrators named Saiful ag and Marzali were caught red-handed carrying 4 kilograms of methamphetamine. For their actions, the two defendants were charged under Article 114 2 of Republic of Indonesia Law Number 35 of 2009 concerning Narcotics or Article 112 Paragraph 2 of Republic of Indonesia Law Number 35 of 2009 concerning Combination Drugs. with Article 55 Paragraph 1 of the Criminal Code
Urgensi Penerapan Tes Insolvensi Atas Perusahaan Yang Akan Diputus Pailit
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1810

Abstract

In the law embodied in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, there isn't a requirement stipulating that a debtor must be declared unable (insolvent) to pay their debts through an insolvency test as a condition to determine their bankruptcy status or not. Instead, the debtor's bankruptcy status is established by proving that the debtor has a minimum of 2 (two) creditors, has failed to pay at least 1 (one) due and collectible debt. The absence of insolvency testing as a bankruptcy criterion in Indonesia could lead to companies that are actually capable of fulfilling their obligations being considered bankrupt because they meet the bankruptcy requirements in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations regulates the requirements for bankruptcy. This has the potential for significant impact, even reducing the confidence of foreign investors to invest in Indonesia. This research employs a normative legal approach. The data source utilized in this study comprises secondary data obtained through the analysis of existing literature or documents. The results of insolvency testing, determining whether a company is categorized as insolvent or not, provide an opportunity for solvent debtors to prove that they have sufficient assets to settle debts to multiple creditors. This gives debtors the chance to rebuild their businesses. Therefore, the implementation of insolvency test in a company plays a role in saving solvent debtors from bankruptcy petitions filed by creditors.
Tinjauan Terhadap Bagi Hasil Perikanan Pada Tradisi Huyula Di Wilayah Pesisir Pantai Paguat
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1813

Abstract

This research aims to find out an overview of fisheries profit sharing in the Huyula Tradition in the Paguat Coastal Area, based on the title raised in this research. This research uses a type of normative legal research. The process of collecting data from the objects studied in this research is using library research. The data obtained by this research uses a normative analysis method, namely by interpreting and discussing research material based on law, legal norms, legal theories and doctrines related to the main problem. The results of this research show that the Juridical Review of Fishery Profit Sharing in the Huyula Tradition on the Paguat Coast, namely in the Bongoime Village community, Huyula values are applied by the community in various aspects of life. Huyula values are manifested in various activities, for example in community service for environmental cleanup rural areas, building village roads, death, cleaning local irrigation canals and agricultural activities. Community service activities for the public interest, in coordination with the local government without distinguishing between social status, community service activities are usually referred to as "Hulunga" activities by the community as well as factors that influence profit sharing problems, namely economic factors, catch factors, entanglement factors. debt, education factor, legal knowledge factor and age factor.
Keabsahan Permohonan Pailit Yang Diajukan Buruh Terhadap Perusahaan Terkait Pemenuhan Haknya
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1814

Abstract

In the second quarter of 2020, Commercial Courts in Indonesia handled 132 bankruptcy cases. In the first semester of 2020, the number of bankruptcy cases handled by the Commercial Court in Indonesia increased to 233 cases, including 43 cases handled by the Central Jakarta Commercial Court. The aim of bankruptcy is basically to provide a solution to the parties if the Debtor stops paying/is unable to pay his debts. Bankruptcy prevents/avoids unfair actions that can harm all parties, namely: avoiding execution by creditors and preventing fraud by the debtor himself. Bankruptcy is a legal institution that has an important function, namely as the realization of two important articles in the Civil Code regarding the debtor's responsibility for the obligations carried out, namely Articles 1131 and 1132. This research aims to determine the validity of the bankruptcy petition submitted by workers to the compliance company. his rights. This research uses normative juridical legal research methods. In this research, what is emphasized is the aspect of law application which is carried out integrally with morality. The research results show that a worker's bankruptcy petition is a petition submitted by workers or labor unions to the commercial court to declare the company where they work bankrupt. A worker's bankruptcy application can be filed if the company does not pay wages, allowances and other rights that should be paid to workers.
Implementasi Perlindungan Hak Pekerja terkait Kecelakaan Kerja oleh BPJS Ketenagakerjaan
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1873

Abstract

Occupational accidents are considered a risk that is difficult to avoid in production or work activities. Protection of rights can ensure the working life not to consider itself in a hazardous work environment, even if accidents at work are inevitable. The research uses implementation assessment elements: programs or policies, target groups, and implementers. The aim of this study is to find out how the implementation of worker rights protection is related to employment accidents at BPJS Employment. The research method used is qualitative, with a library study approach. As for the results obtained in this study, i.e. in creating social security related to work accidents as an attempt to protect workers or workers, the program or policy implemented is JKK (Work Accident Insurance) with the target group of workers and workers and implementers of the BPJS Employment. This research could draw the conclusion that the implementation of social security efforts related to work accidents is not optimal because there are still problems in these activities, such as delays, and companies do not do what should be done by the company.
Prosedur Badan Penyelengara Jaminan Sosial Dalam Klaim Jaminan Kecelakaan Kerja
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1974

Abstract

Work accidents are a phenomenon that often occurs in various industrial sectors. In the process of nation building, the role of the workforce is increasing, along with the various difficulties and risks they face. As a result, to increase national productivity, workers must be provided with protection, care and increased welfare. To ensure that all the steps required to obtain work accident insurance have been carried out correctly and clearly, BPJS procedures cover various aspects, such as registering participants, handling work accident cases, and paying compensation to victims. This journal is made using the library research method, which refers to the process of searching, collecting and analyzing literature or written sources such as books, reports and journals that are relevant to a particular research or study topic. One of them is for the workforce in realizing prosperity. Due to the important role of labor in achieving development goals, they have rights and obligations protected by law. Workers who experience work accidents can receive legal protection such as health services according to medical needs and monetary compensation. The rights and obligations of workers, employers and BPJS Employment are not affected if reporting work accidents is delayed to BPJS Employment and UPTD Employment Inspection.

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