Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Menakar Kebijakan Pendampingan Self Declare Halal oleh Perguruan Tinggi (Studi Kasus di Universitas Nahdlatul Ulama Sidoarjo dan Uin Maulana Malik Ibrahim Malang)
Get PDFThis study examines various government efforts to encourage halal product assurance, especially through the creation of derivative regulations and the establishment of the Halal Product Assurance Organizing Agency (BPJPH). However, small to micro-scale business actors still need help, especially related to registration fees and understanding the importance of halal certification. The study aims to explain the role of universities in East Java in assisting halal certification for Micro and Small Enterprises (MSEs) while analyzing the legal aspects and maqashid sharia. Using field research methods and qualitative approaches, it was found that the role of universities is as PPH assistants for MSEs who meet the halal certification criteria through the self-declare route. The implementation of self-declare halal assistance is faced with the obstacle of maintaining the activeness of registered PPH assistants, and there are still business actors who need to meet the requirements in the assistance process, such as lack of information on materials and expired material certification. An effective monitoring system is required to overcome potential errors in the halal certification process. Universities are also expected to be able to create program innovations to strengthen and activate the role of PPH assistants. The government, in this case, especially BPJPH, also needs to create a more consistent policy regarding halal certification registration through the application so that the criteria of the Halal Product Assurance System (SJPH), which is built on five basic principle frameworks (arkanul halal) can be met
Analisa Yuridis Tentang Legalitas Alat Pembuktian Dalam Pembatalan Sertifikat Hak Milik Dan Kewenangan Badan Peradilan (Studi Kasus Putusan PN Surabaya Nomor 810/Pdt.G/2014/PN.Sby)
Get PDFLegal problems in the land sector occur very often, especially in this situation, land is something that has high economic value. This can trigger land disputes between groups of people in wider society. These disputes or conflicts will give color to people's lives where increasing population growth will increase the responsibility for land demand. Land disputes are disputes that are basically included in the civil section unless there are criminal or legal elements to the land dispute or conflict. This research is normative juridical research. The normative juridical method is a research method for legal science which is carried out to research with library and secondary materials to study the types of legal rules and regulations that have a formal character, namely laws, regulations and literature which are filled with theoretical concepts based on legal approaches. invite. Many land issues end up being resolved in state courts. The case discussed in the writing of this article is the SURABAYA District Court Decision No. 810/Pdt.G/2014/PN.Sby which in its decision stated that the Certificate of Ownership in the case did not have the power of proof according to the law and decided to cancel the Deed of Sale and Purchase which was presented in front of Notaries and PPATs, which are the authority of civil judges to cancel deeds of sale and purchase made in front of Notaries and PPATs, however, civil judges cannot cancel certificates as regulated in SEMA No. 10 of 2020, General Civil Affairs/2/SEMA 10 202
Problematika Pemutusan Hubungan Kerja (PHK) Berdasarkan Perjanjian Kerja Waktu Tidak Tertentu (PKWTT) Secara Lisan
Get PDFAn employment relationship occurs because of a working agreement, either a work agreement for a certain time or a work agreement for an indefinite time. An agreement is valid if it has elements of agreement between both parties; ability or competence to carry out legal actions; there is an object agreed upon and does not conflict with applicable laws and regulations. Employment agreements can be made in writing and verbally. PKWT must be made in writing while PKWTT can be made in writing or verbally. What are the legal consequences if a PKWTT is carried out in verball agreement? What are the legal consequences if an entrepreneur lays off a PKWTT with an verball agreement? The research method used in this paper is normative juridical based on library materials and secondary data. The results of this paper ultimately provide the conclusion that the legal consequences of PKWTT with a verball agreement are the same as PKWTT with a written agreement, including in terms of termination of employment relations
Pelanggaran Hak Asasi Manusia pada Kasus Sengketa Lahan Perkebunan Tahun 2012 di Kabupaten Ogan Ilir Provinsi Sumatera Selatan
Get PDFCountries all over the world recognize human rights as very important rights and need to be recognized in their constitutions. The protection of human rights is also regarded as an integral part of the rule of law, so States pay primary attention to this concept. Therefore, the security, peace, and stability of a country can be threatened by human rights violations. In this case in Indonesia there are frequent violations of human rights, both serious and mild. One of the allegations of human rights violations was a farmland dispute in Ogan Ilir Province of Sumatra Seiatan which resulted in one victim killed and four people suffered Iuka-Iuka, several human rights were violated, namely: the right to life, the right not to receive cruel treatment, the rights to safety and the rights of the child, and these rights are explicitly guaranteed in Act No. 39 of 1999 on Human Rights
Dampak Penghapusan Pupuk Subsidi Bagi Petani Kelapa Sawit Swadaya Setelah Disahkannya Peraturan Menteri Pertanian No 10 Tahun 2022 tentang Tata Cara Penetapan Alokasi Dan Harga Eceran Tertinggi Pupuk Bersubsidi Sektor Pertanian
Get PDFoai:ojs.127.0.0.1:article/1440Palm oil or crude palm oil (CPO) is one of Indonesia's leading export commodities. The high level of exports is not accompanied by the provision of subsidized fertilizer for independent community farmers. Through the Ministry of Agriculture (Kementan) it has decided to remove subsidized fertilizer for oil palm plantations. With the elimination of fertilizer subsidies for oil palm farming, it makes it difficult for farmers to meet their fertilizer needs. The policy of eliminating subsidized fertilizer assistance has a direct impact on the productivity of oil palm farmers. The problems studied are limited to: What impact will there be after the ratification of the Minister of Agriculture Regulation No. 10 of 2022 concerning Procedures for Determining the Allocation and Highest Retail Prices for Subsidized Fertilizers in the Agricultural Sector related to the elimination of fertilizer subsidies for oil palm plantations? and How to overcome the problem of no subsidized fertilizer for oil palm farmers? The research method used is the Empirical Juridical method. The research results show that there are many impacts that can occur with the elimination of subsidized fertilizers by the government, especially for oil palm plants. Fluctuating CPO prices tend to make farmers unable to predict their income and set aside to purchase non-subsidized fertilizer which is unaffordable. Then the countermeasure initiated by the government is to use organic fertilizer, but it can take a long time to process organic fertilizer and the results can only be seen one year later. This is different from chemical fertilizers where the results can be seen immediately in a matter of months
Tanggung Jawab Pemerintah terhadap Kegagalan Percetakan Sawah di Kabupaten Konawe (Studi Kepustakaan)
Get PDFThe Rice Paddy Printing Program in Konawe Regency, Southeast Sulawesi, aims to increase rice production for national food security, but has experienced complex failures, raising questions about the government's legal responsibilities. This research used a normative juridical method with a statutory approach, lasting for 6 months. The focus of the research is the government's responsibility for the failure of rice field printing in Konawe Regency. The main data sources include Law Number 23 of 2014 and Government Regulation Number 26 of 2008, as well as secondary and tertiary legal materials such as books, journals and internet sites. The research location is in Konawe Regency, with data collection techniques through document study and qualitative analysis. The result is an analysis of the failure of the rice field printing program in Konawe Regency, showing that the main problems are lack of coordination between agencies, lack of assistance for farmers, inadequate infrastructure, inadequate planning and weak supervision. The legal consequences of this failure include state losses due to lawsuits from farmers, as well as a decline in public trust in the government. Recommendations for improvement include strengthening coordination between agencies, increasing mentoring and empowering farmers through training, as well as building supporting infrastructure such as irrigation systems and market access
Penerapan Sanksi Pidana dalam Pasal 504 Kitab Undang-Undang Hukum Pidana terhadap Pengemis di Kota Jambi
Get PDFThe government has regulated the handling of beggars on public roads in accordance with Article 504 of the Criminal Code. However, not all beggars in Jambi City receive social rehabilitation from the Social Service, and until now no beggar has been subject to criminal sanctions. The aim of this research is related to the application of criminal sanctions in Article 504 of the Criminal Code against beggars in Jambi City. The research method used is a legal sociology approach so that the design of this activity is carried out over 6 months. The scope or object of this research is about the effectiveness of criminal sanctions against beggars on public roads so that the main materials and tools used are primary legal materials and secondary legal materials. The place used in this research was the city of Jambi and the data collection technique was used by direct interviews with the Jambi City Social Service so that the analysis technique was qualitative analysis. The results of the discussion of this research are that it has not been implemented by the Social Service, the Civil Service Police Unit, and the police due to a misunderstanding regarding the contents of Article 504 of the Criminal Code. This can be seen from the fact that there are still beggars at red light intersections, so fast and appropriate treatment is needed
Problematika Perundingan Perjanjian Kerja Bersama Antara Pengusaha dengan Serikat Pekerja dalam Rangka Mewujudkan Kepastian Hukum (Ditinjau dari Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja)
Get PDFThe implementation of Law Number 6 of 2023, which pertains to Job Creation, has ushered in notable transformations within the employment landscape. The negotiation process for Collective Labor Agreements frequently embodies a complex interplay and conflict of interests between employers and labor unions. Following the implementation of the Job Creation Law, there has been a noticeable widening of disparities in the negotiation content for Collective Labor Agreements. Numerous instances have been observed where negotiations falter and fail to culminate in an agreement before the expiration of the deadline. This study is conducted using a normative juridical approach, focusing on legal analysis through the examination of library resources or secondary data. This study employs an analytical descriptive approach, aimed at offering a detailed examination of the subject matter through the analysis of collected data or samples. This method is particularly applied to explore the dynamics of Collective Labor Agreement negotiations involving employers and trade unions. The investigation took place at PT Astra Nippon Gasket Indonesia, located in Karawang Regency. What influences collective labor agreement negotiations to be hampered are internal factors (differences in interests, wages, termination of employment, inequality and discrimination, changes in policies or working conditions, and trade union membership) and external factors (company intervention, workload, laws and regulations). Consequences if the Collective Work Agreement negotiations are not completed by the agreed time limit and it turns out that no agreement (deadlock) has been reached regarding the substance of the new PKB (next period), then based on Article 123 paragraph (4) UUK by law the PKB currently in force remains in effect for a period of time. a maximum of 1 (one) year. PKB is not just an agreement (in the company), but in time it will become a norm and customary law in a certain scope (contractualist model). In this case, statutory regulations provide legitimacy (binding legal force) for a PKB to remain valid as a custom within the specified period
Analisis Tanggung Jawab Otoritas Jasa Keuangan dalam Pelaksanaan Pengawasan Market Conduct pada Kegiatan Investasi di Indonesia
Get PDFThis research is an in-depth review concerning the responsibility of the Financial Services Authority (OJK) in overseeing market conduct in investment activities in Indonesia. Within the complexity of the financial market context, OJK's role in ensuring compliance with principles of ethics, integrity, and transparency becomes the primary focus. The research also highlights the role of market conduct supervision as a safeguard for investors and an effort to maintain fairness and equality in the investment market. The study outlines the current conditions of the investment market in Indonesia, including recent changes and trends. Challenges faced by OJK in executing the function of market conduct supervision, such as adapting to financial product and technological innovations, are also detailed in this analysis. The aim of this research is to provide a broad perspective on the role of OJK in market conduct supervision, and to offer crucial insights into the dynamics of the Indonesian investment market. The research methodology employed in this study is Normative Legal Research, also known as Doctrinal Law, which conceptualizes law as provisions written within legislation or as norms representing human behavior deemed appropriate. It is hoped that this analysis will contribute significantly to formulating policies and strategic steps aimed at enhancing the financial market's health and investor protection in Indonesia
Penegakan Hukum Terhadap Anak Yang Menjadi Tindak Pidana Perdagangan Orang di Kota Tanjungpinang
Get PDFChildren are buds, as well as the next generation of young people who have special positions, characteristics and dispositions that ensure the continuity of the nation's existence in the future. Protection efforts are needed to realize children's welfare by distributing guarantees for the fulfillment of their rights and treatment without discrimination. This study aims to describe how legal protection for children as victims of trafficking is based on Law No. 35 of 2014 concerning Child Protection and how sanctions are imposed on perpetrators of child trafficking crimes. The research method used in this study is normative juridical research. The results of this study show the legal protection of children as victims of trafficking based on Law No. 35 of 2014 concerning Child Protection and dignity, and recognition of human rights owned by children. Not only that, sanctions against child trafficking offenders are regulated in Law No. 21 of 2007 concerning the Eradication of Trafficking in Persons