Statute Approach Research Articles

Kudus, local wisdom, and tobacco industry: historical trajectory of the employment relationship between scissoring workers and the company

This research raises the paradox of labour relations in the traditional cigarette industry of Kudus, a city of kretek that inherits a work tradition based on local wisdom but is faced with rigid formal regulations. In practice, pressing operators work for millers—corporate workers who receive production-based wages—with a 60:40 share. Surprisingly, even though they do not have a formal working relationship with the company, scissoring workers still enjoy seemingly equal treatment, such as holiday allowances and work facilities. This phenomenon challenges the validity of Law No. 13 of 2003 concerning Employment, which ignores the uniqueness of local values in the labour relations framework. This study uses normative legal research methods with philosophical, conceptual, and statutory approaches to explore the tension between formal regulations and local practices coloured by kinship and social justice principles. The study results reveal that this employment relations model reflects a harmonious adaptation between tradition and the needs of the modern economy but is still vulnerable to narrow legal interpretations. This research provokes the idea that labour regulations in Indonesia work more like a tool of control rather than an instrument of empowerment. As such, a more inclusive and contextual legal framework is needed to accommodate the uniqueness of local practices without sacrificing labour protections. Kudus can serve as a social laboratory, showing that tradition and law can work in tandem to create substantive justice for the working community.

ALTERNATIF PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DENGAN KERUGIAN KEUANGAN NEGARA BERJUMLAH KECIL

Alternative criminal liability that can be provided to the perpetrators of corruption in the event of State losses caused by a small amount but meeting some of the characteristics presented by the researcher. In Indonesia, there have been many examples of corruption cases where the state's financial losses are small, but they are still continued to trial. The imposition of imprisonment on perpetrators of corruption is currently considered no longer effective in providing a deterrent effect on the perpetrators. Basically, the victim of corruption is the state. The state which in this case experiences losses of state assets makes the state the sole victim who must be given justice as a manifestation of the purpose of the law. The state as a victim with the result of the loss of state assets, in the long term also causes misery for the community. The method used in this study This study uses descriptive analytical research, which is carried out with the main aim of providing an objective picture or description of a situation. With a statute approach, case approach, conceptual approach, analytical approach, normative juridical approach. The research results recommend alternative responsibilities that will be imposed on perpetrators of corruption crimes amounting to small state financial losses as long as they meet the classifications that have been studied by the Researcher. The results of this study that on the impact of corruption practices on a small scale on the quality of handling cases for law enforcement and the quality of sentencing the perpetrators, as well as the recovery of State losses so that the state that has been harmed as a victim regain their rights that have been taken away by the perpetrators. Through the analysis of the literature and the study of several cases presented by the author, this thesis also identifies common patterns that occur, causal factors, as well as suggestions for handling them.

PERAN NEGARA TERHADAP PERLINDUNGAN HAK KESEHATAN DETENI (STUDI DI KANTOR IMIGRASI KELAS I TPI KOTA MATARAM)

The Immigration Detention Room is a place for foreigners who are subject to administrative action. As long as foreigners are placed in the Immigration Detention Room, basic human rights, including the right to health, remain with the Detainee. The formulation of the problem taken is 1) the form of the subject in question in the state and 2) the role of the state in fulfilling the health rights of Detainees in the Detention Room at the TPI Class I Immigration Office, Mataram City? The method used is an empirical research method with a statutory approach, conceptual approach and case approach. The conclusion is that every immigration office established in a region is required to have an administrative officer, so it can be concluded that the state's form of protection for detainees in this paper is the Class I TPI Immigration Office in Mataram City. The state's role in fulfilling detainees' health rights is not optimal because elements related to health care cannot be fulfilled.

DISPARITAS HAKIM DALAM MENERAPKAN HUKUMAN BAGI PELAKU TINDAK PIDANA

The aim of this research is to find out the disparity between judges in applying punishment to perpetrators of criminal acts and what are the factors that cause disparity among judges in applying punishment to perpetrators of criminal acts so that they receive sentences that often have different sentences. This research is library research, namely using data in the form of books, laws, articles, journals, several cases that often occur and other literature related to the title, while the technique and data collection is by collecting various ideas, theories and concepts from various sources. literature that focuses on the comparison process between propositions, articles or other laws. The approach methods used in this research are the statutory approach, the conceptual approach and the case approach. The research results show that. Judges in handing down decisions or disparities in judges in applying sentences to perpetrators of criminal acts often have differences in decisions and punishments because there are no specific guidelines or legal certainty for judges in handing down decisions so that judges often use their own glasses based on various factors and elements that exist in society. And there are also various factors that cause the frequent occurrence of the term disparity between judges in handing down decisions.

POSITION AND RESPONSIBILITY OF THE STATE IN REGULATION OF THE RIGHT TO A HEALTHY ENVIRONMENT (CASE STUDY OF JOB CREATION ACT AND ENVIRONMENTAL LAW ENFORCEMENT)

This study seeks to examine the role and obligations of the state in overseeing the right to a healthy environment, particularly with the enforcement of Law Number 11 of 2020 on Job Creation and pertinent Constitutional Court rulings. The right to a healthy environment is enshrined in the human rights provisions of the 1945 Constitution, therefore imposing a constitutional duty on the state to maintain equilibrium between economic progress and environmental conservation. The simplification of the environmental licensing process in the Job Creation Law has sparked discussion regarding the inadequate oversight of economic activities affecting the ecology. This study employs a normative legal methodology utilizing a statutory approach, a conceptual approach, and a case law approach. Data sources are from legislation, judicial rulings, and scientific publications pertinent to environmental policy. The study's findings indicate that the state has not effectively fulfilled its obligations in implementing environmental legislation, particularly on oversight, penalties for violations, and public engagement. The Constitutional Court ruling underscores the significance of transparency in environmental regulation; nonetheless, policy execution frequently prioritizes financial interests over sustainable environmental safeguarding.

Legal Analysis of Foreign Investment Limited Liability Companies Establishing Business Entities

Globalization and economic liberalization have increased foreign investment in Indonesia, including through the establishment of Foreign Investment Limited Liability Companies (PT PMA). PT PMA often establishes other business entities, such as Limited Partnership (CV), to maximize its business. This phenomenon raises legal questions regarding the legitimacy, regulations, and implications of establishing a business entity by PT PMA. This research aims to find the legal ratio of foreign investment legal entities in the form of limited liability companies and to analyze the status of limited partnerships established by limited liability companies that have the status of foreign capital limited liability companies. The type of research used in this research is normative legal research. The problem approaches used in compiling this research are the conceptual approach, the statutory approach, and the comparative approach. The results of the research found that Limited Liability Companies can establish limited partnerships, by becoming passive partners, and Limited Liability Companies with foreign capital can establish limited partnerships, this is because there is no prohibition.

Change of Trilingual National Schools to Cooperative Education Unit Schools (SPK) Impact of Permendikbud No. 31 of 2014

The term 3 Language National School has been known in Indonesia since the reform era. It is called the Three Language National School because this school includes Mandarin as a subject in addition to Indonesian and English. The government considers Mandarin to be a form of foreign cooperation. As a result, three Language Schools in Indonesia are included in the Cooperative Education Unit School or SPK. The term SPK, mentioned before Permendikbud No. 31/2014 regarding Cooperative Education Unit Schools, was previously referred to as International Schools. The purpose of this study is to analyze Permendikbud No. 31/2014, which changed the 3 Language National School to the Cooperative Education Unit School (SPK). The method used in this study is normative legal research using three approaches, namely the statutory approach, the case approach, and the conceptual approach. The essay will be conducted with analysis using a critical legal perspective and John Rawls' theory of justice. The study results reveal many problems stemming from the implementation of Permendikbud No. 31/2014. This has led to the decline of 3 Language Schools and has forced the 3 Language National Schools, which have a history and vision of being national schools, to also face challenges. Some of these schools are even at risk of dissolution.

Analysis of the Position of Special Envoy of the President for the Development of Young Generation and Art Workers in Indonesia Based on Constitutional Law

This study aims to analyze the legal position of the Special Envoy of the President in the field of fostering young people and art workers based on the perspective of Indonesian constitutional law. The existence of the position of Special Envoy of the President in the Indonesian constitutional structure, especially in the context of empowering the younger generation and strengthening the creative industry, raises juridical questions regarding its legal basis, authority, and accountability. Using a normative juridical legal research method with a statutory approach, this research examines Presidential Decree Number 76/M of 2024 which regulates the appointment of special envoys of the President in the 2024-2029 period, as well as the relevance of these regulations within the framework of Indonesian constitutional law. The results show that although the special envoy of the President has a strategic role in supporting the development of young talents and the creative industry sector, the position lacks a clear and specific legal basis, which can lead to problems in terms of accountability and transparency. Therefore, this study recommends the need for the drafting of firmer regulations regarding the position, duties, and authority of special envoys, as well as strengthening supervision and coordination mechanisms with relevant ministries or institutions. This is expected to increase the effectiveness and contribution of special envoys to the progress of the Indonesian nation, especially in the development of the creative economy.

Penyelesaian Hukum Terhadap Pengalihan Tanah Adat dalam Proyek Strategis Nasional Food Estate Perspektif Mashlahah Mursalah

The development of food estates has significant impacts on customary forests and the rights of indigenous peoples. The main objective of this study is to ensure that there is a legal settlement of the transfer of customary land in the context of national strategic projects, with a mashlahah mursalah perspective. In this case, mashlahah mursalah means prioritizing public interest and avoiding harm that may be caused by food estate policies or projects. This research is a normative research (legal research) that uses a conceptual approach and a statute approach. Primary data is obtained from laws while secondary data is used to assist the analysis obtained through books, legal journals, or expert opinions. The results of the study indicate that the transfer of customary land forests in the food estate project can cause harm to indigenous communities, including indigenous communities losing their customary land rights. The research results show the need for better enforcement of legal protection for customary land in national strategic projects. By ensuring that the decision-making process involves indigenous peoples and takes into account their interests and rights.

The Role of Notary towards the Implications of Recording a Post-Marriage Marriage Agreement Based on the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-/XIII/2015

The Constitutional Court Decision Number 69/PUU-XIII/2015 brought significant changes to the provisions of marital agreements in Indonesia, which previously could only be made before marriage. With this decision, married couples can now make a marriage agreement after marriage, thus affecting the legal and administrative aspects of recording the agreement. This research aims to analyze the role of notaries in making and recording marital agreements after the Constitutional Court's decision and identify the legal implications for married couples and third parties. The research method used is normative juridical with a statutory approach and analysis of literature related to civil law and marriage law in Indonesia. The results showed that notaries have an important role in making an authentic deed of marriage agreement, providing legal certainty, and ensuring that the agreement can bind not only the husband and wife, but also third parties. Recording the marriage agreement at the Population and Civil Registration Office is a key factor in ensuring the validity and legal force of the agreement. The implication of this research confirms that the registration of marriage agreements provides legal certainty for couples in the management of marital property and the protection of the rights of third parties. Therefore, a clearer policy regarding the recording procedure is needed as well as an increase in public understanding of the importance of the marriage agreement as a legal instrument that can protect the rights of related parties.

Sengketa Kepemilikan Sertifikat Ganda Hak Milik Atas Tanah: Analisis Yuridis Terhadap Putusan PTUN Kupang Nomor : 13/G/2018/PTUN-KPG

Land is an object of wealth that is always closely related to all human activities and is also inseparable from all national development activities. Because of its strategic position and limited nature, it gives rise to special treatment for land protected by law. This article is reviewed with the title: Dispute on the Ownership of Multiple Land Ownership Certificates (Judicial Analysis of Kupang PTUN Decision Number: 13/G/2018/PTUN-Kpg) which aims to answer questions about the Process for Resolving Disputes on Ownership of Multiple Land Ownership Certificates. This research is juridical research carried out using a library approach, case study approach, conceptual approach and formal juridical approach or statute approach. The process of completing the double certificate of ownership of land rights initially started from an approach taken by National Land Agency officials together with the parties. The next step is resolution through the Judicial Body by means of parties who feel their legal interests have been harmed by the State Administrative Decree, filing a lawsuit with a judge at the State Administrative Court. The Kupang State Administrative Court judge who examined and tried, then decided based on the facts of the trial and granted the plaintiff's claim and sentenced the Defendant to abort two land ownership certificates and sentenced the Defendant and Defendant II to Intervene to pay the court costs.

Tinjauan Yuridis Terhadap Peranan Kebijakan Afirmatif Menurut Undang-Undang No. 7 Tahun 2023 Tentang Pemilihan Umum Bagi Keterwakilan Perempuan di Lembaga Legislatif

The representation of women in legislative bodies is a critical issue in achieving gender justice and inclusive democracy. Law No. 7 of 2023 on General Elections regulates affirmative policies to increase women’s representation through a minimum quota of 30% in the list of legislative candidates. This study aims to analyze the role of these affirmative policies from a legal perspective, focusing on the effectiveness of their implementation and the challenges faced. The research adopts a normative juridical method, utilizing a statutory approach and document analysis. The findings reveal that although the affirmative policies are clearly regulated and have significantly increased women’s representation in legislative bodies, achieving the expected 30% representation still faces various challenges, including patriarchal culture, limited political education for women, and weaknesses in monitoring and law enforcement. In conclusion, the affirmative policies in the Election Law play a significant role in promoting women’s representation in legislative bodies, but more comprehensive strategic measures are needed to ensure their effectiveness, including capacity building for women and strengthening oversight mechanisms.

Tanggung Jawab Marketplace Terhadap Penjualan E-book Bajakan Perspektif Wahbah Zuhaili: Studi Kasus pada Marketplace Shopee

Sales of pirated e-books are still found today, especially on the Shopee marketplace, which of course harms many parties. This article aims to analyze the form of marketplace responsibility for the sale of pirated e-books on the Shopee marketplace from Wahbah Zuhaili's perspective. This research uses empirical juridical research with a living case studies approach, statute approach and conceptual approach. Data was collected by interviews and document studies, then the data was processed and analyzed using qualitative methods. The results of this research show that Wahbah Zuhaili emphasizes the importance of responsibility in every aspect of muamalah, including for parties involved in buying and selling transactions on the marketplace. Shopee as a marketplace platform has a big responsibility in preventing and cracking down on the sale of pirated e-books. This responsibility includes active supervision of products sold and based on the prohibited goods policy, Shopee has taken firm action against sellers who are proven to be selling pirated e-books, such as deleting products, reducing seller's rights, blocking and suspending seller accounts. Wahbah Zuhaili's view explains that someone's copyright which is then distributed with the intention of making a profit is an injustice, and the pirate should be responsible for providing compensation or royalties to the owner of the work who has sacrificed great effort in preparing his work.

Consumer Legal Protection in Online Transactions: Challenges and Opportunities in Indonesia's Digital Economy

This study examines the legal protection of consumers in online business transactions in Indonesia, an issue that has become increasingly critical in the digital era. Advances in information technology have transformed traditional commerce into e-commerce, offering convenience while also introducing various risks, such as fraud, product non-conformity, and breaches of consumer data privacy. Employing a normative juridical method with a statutory approach, this research analyzes the implementation of Law No. 8 of 1999 on Consumer Protection and the Electronic Information and Transactions Law (ITE Law) in resolving e-commerce disputes. The findings reveal that despite the existence of legal regulations, significant challenges persist in the implementation of consumer protection, primarily due to low consumer awareness of their rights and weak law enforcement. The novelty of this study, compared to previous research, lies in its empirical approach to identifying the legal challenges consumers face in online transactions. In addition to examining existing regulations, this study investigates real cases of e-commerce fraud in Indonesia that have led to financial losses for consumers. The study underscores the importance of consumer education, stricter supervision of online business operators, and the development of more effective dispute resolution mechanisms. By highlighting the necessity of synergy between the government, business operators, and society, this research contributes to the formulation of more adaptive policies to strengthen consumer protection in the digital economy.

Enforcement of the Law Against Negligent Traffic Violators Resulting in Fatalities: A Case Study of Decision Number 34/Pid.B/2021/PN.Mgt

Toll roads are constructed to connect distant locations, aiming to reduce travel time and facilitate mobility and transportation. However, the extended travel distances often result in driver fatigue and drowsiness, increasing the risk of traffic accidents. Law enforcement in cases of traffic accidents resulting in fatalities is an effort to uphold legal norms as guidelines for behavior in traffic and to maintain legal order in society. This study examines two main issues: (1) how law enforcement is carried out against negligent drivers responsible for fatalities and (2) the legal considerations of judges in adjudicating cases of fatal traffic negligence. This study employs a normative juridical method with a statutory approach and qualitative normative analysis using inductive reasoning. Law enforcement against drivers causing fatal accidents involves investigations to collect evidence clarifying the crime and identifying suspects. In this case, the suspect was charged with violating Article 310 paragraph (4) and Article 312 of the Traffic and Road Transportation Law (LLAJ Law), carrying a maximum penalty of six years’ imprisonment and/or a fine of IDR 12,000,000, along with an additional penalty of up to three years’ imprisonment for further violations. The findings reveal that the suspect was legally and convincingly proven guilty of negligence in driving, which resulted in an accident causing four fatalities. In their legal considerations, the judges emphasized the ultimum remedium principle as the basis for sentencing, while also taking into account aggravating and mitigating factors in issuing a verdict of three years and two months’ imprisonment. These findings highlight the challenges in enforcing traffic laws in Indonesia, including the low level of legal awareness among drivers and the lack of an effective preventive system to reduce accidents caused by negligence.

Realizing a Fair Competition in the Construction Procurement Process at the State Electricity Company: A Normative Review

Construction services procurement at PLN Ltd carries a high risk of unfair competition practices, which can hinder the development of national electricity infrastructure. This research aims to analyze the normative framework and evaluate the effectiveness of mechanisms for preventing unfair competition practices in construction services procurement at PLN Ltd. This normative legal research employs a statute approach and a conceptual approach, with library research techniques for data collection. The research findings indicate that the normative framework governing business competition in construction services procurement at PLN Ltd is comprehensive, encompassing Law Number 5 of 1999, Law Number 2 of 2017, Presidential Regulation Number 16 of 2018, and Board of Directors Regulation Number 0018.P/DIR/2023. Nevertheless, harmonization among regulations needs to be enhanced. Implementing prevention mechanisms, such as e-purchasing and internal oversight units, is not yet optimal due to system quality, independence, and stakeholder awareness. To enhance the effectiveness of prevention, it is recommended that the implementation of GCG at PLN Ltd be strengthened, synergistic oversight by KPPU and LKPP increased, and service provider compliance with fair competition principles improved.

Pertanggungjawaban Pidana Pelaku Turut Serta Dalam Tindak Pidana Korupsi Penerimaan Suap Oleh Hakim

The rise of criminal acts of corruption, especially in the world of justice, will certainly seriously harm justice for society. The judiciary, which should be a place for people to seek justice, has now become a transactional institution by a handful of certain individuals and the judicial mafia. The criminal act of corruption in accepting bribes by judges of course does not only involve the judge himself, of course it will involve other parties, namely those closest to him or those he trusts who both work as judges or civil servants and can even involve private parties. Therefore, these other parties must also be held criminally responsible for their actions, namely as participating perpetrators (medeplegen) by applying the doctrine of deelneming based on Article 55 paragraph (1) 1 of the Criminal Code (KUHP). This research is normative juridical research with a statutory approach, a case approach, a historical approach and a comparative approach and uses the theory of criminal liability and the theory of deelneming. In its development, there have been many different views for judges in deciding cases of participating perpetrators who do not have certain qualities as stated in the article in which they are charged. In the teaching of deelneming, what needs to be seen and proven is the role and action (actus reus and mens rea) of the participating actor, not looking at who or the quality of the participating actor. The expansion of inclusion or participation should be based on the concept of knowledge and agreeing which is not seen simply as evil thoughts or evil intentions (mens rea) of the perpetrator but is placed directly on the role and actions (actus reus) as a new form of deelneming or participation.

The Concept of People's Sovereignty Towards The Appointment of The Ideal Acting Regional Head

This research aims to criticize the appointment of Acting Regional Heads as part of legal conflicts that are contrary to the constitution. The appointment of Acting Regional Heads who do not involve the people directly, causes a perception that people's sovereignty is sidelined for the sake of administrative efficiency. Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia is above the Election Law and the regulations under it, so that the interpretation of this regulation is not harmonious can trigger a polemic. This study uses doctrinal/normative research with a statute approach, conceptual approach, and case approach. The results of this study describe the concept of the appointment of Acting Regional Heads as an irrational part and has the potential to weaken the sovereignty of the people as enshrined in the staatfundamental norm (1945 Constitution) or grundnorm (Pancasila), the content element in the provisions for the appointment of Acting Regional Heads is full of non-democratic conditions so that these provisions need to be reviewed by prioritizing the aspect of people's participation. Therefore, it is necessary to strengthen the representation, participation of the people, and democratic mechanisms to maintain the sustainability of an inclusive and equitable political system.

Absorption of Islamic Law in National Law: Analysis of Law No. 1 of 1974 and KHI on Marriage

The absorption of Islamic law into national law in Indonesia is the result of a compromise between sharia principles and the prevailing positive legal system. One form of this is Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), which regulates the legal aspects of marriage for Muslims. However, the implementation of these two regulations in various regions show variations, especially in determining the rights and obligations of husband and wife, including in terms of joint property. Cultural diversity and different legal interpretations often affect the application of this law, so an in-depth analysis is needed regarding the extent to which Islamic law has been absorbed into national law. This study aims to examine the implementation of Law No. 1 of 1974 and KHI in the context of Islamic marriage law, with a focus on the dynamics of the application of joint property. This study uses a qualitative method with a statute approach, a case approach, a comparative approach, and a conceptual approach. The results of the study show that although Islamic law has been accommodated in the national legal system, its application still faces challenges, especially related to differences in interpretation by judges and the community in judicial practice. In addition, social and cultural factors also influence the implementation of provisions regarding joint property in marriage. In conclusion, although Law No. 1 of 1974 and the KHI have adopted the principles of Islamic law, harmonization and uniformity of application are still challenges that need further attention to create better legal certainty.

Juridical Analysis on Cabinet Structure Changes of Prabowo’s Government & The Impact to The New Government

The cabinet structure is one of the important instruments in government, because it determines the pattern of executive work and the implementation of public policy, so that the formation of the cabinet is the president's first step in realizing his vision and mission through several selected people who will be part of his government cabinet. This study aims to analyze the juridical aspects of changes in the cabinet structure of President Prabowo's administration and its impact on governance in Indonesia using normative juridical research methods with a statutory approach. The results show that changes in the cabinet structure by President Prabowo are the prerogative of the President as stipulated in Article 4 paragraph (1) and Article 17 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Article 15 of Law No. 61 of 2024 concerning Amendments to Law No. 39 of 2008 concerning State Ministries. In terms of impact, changes in the cabinet structure have major implications for governance, especially on the efficiency of governance, where these changes can have a positive impact or even a negative impact depending on the work of each institution in the cabinet formed by President Prabowo.