Publication Search

Employment agreements are a crucial step in establishing the employer-employee relationship. While both the Indonesian Labor Law and the Job Creation Law encourage written agreements, verbal contracts are also legally recognized. Written employment agreements serve as a binding instrument and evidence, yet many labor relationships operate without them. This can lead to legal disputes, particularly regarding workers' rights, as exemplified in the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN.Mam. This study employs a descriptive-analytical approach, adhering to the normative legal research method. Secondary data is gathered from primary legal materials, secondary legal materials, and tertiary legal materials. The findings reveal that workers' rights under verbal agreements are still protected by the Labor Law and the Job Creation Law. However, the absence of written documentation of agreed-upon terms for termination of employment can pose challenges in proving these terms in court. In the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN, the court ordered the defendant to pay double the plaintiff's entitlements due to the wrongful termination of employment through coercion. The court found that the plaintiff's termination was unrelated to any company policy violation and could not be substantiated due to the lack of written documentation.

This study examines the comparison of inheritance rights of adopted children from the perspective of Islamic law and civil law in Indonesia. The background of the research is the importance of a clear understanding of the legal status of adopted children, given the growing number of couples adopting children because of the inability to have children. The aim of this study is to explain and compare the inheritance rights of adopted children in both legal systems. The method used is normative research with legislative approaches, examining regulations, laws and related regulations. The results of research show that in Islamic law, the adopted child is not entitled to inherit property from the foster parent because there is no national relationship, but can be given property through a will with a maximum of 1/3 of the inheritance. The implications of these findings are the need for harmonization of laws and policies that can provide legal certainty and justice for adopted children in Indonesia, accommodating the differences between the two legal systems.    

a case of fraud using a blank check committed by a businessman in Tanjungpinang, Riau Islands. This research aims to analyze the criminal act of fraud committed by the businessman in the sale and purchase of heavy equipment and the legal consequences that can be imposed. The research method used is a qualitative method with a case study approach, through analysis of news published by Kompas.com. The results showed that a businessman named Hendy (33) was suspected of having committed a criminal act of fraud and/or embezzlement in a heavy equipment purchase transaction using a blank check. Hendy is alleged to have deceived the victim by giving a check that did not have sufficient funds in the account. Hendy's actions can be subject to articles related to criminal acts of fraud and / or embezzlement in the Criminal Code (KUHP). In addition, Hendy is also potentially subject to civil sanctions due to his actions that harm other parties. This article concludes that the practice of fraud using blank checks in business transactions, especially the sale and purchase of heavy equipment, is a criminal offense that must be dealt with firmly by law enforcement officials to provide a deterrent effect and ensure legal certainty for business actors.

Technological developments by international organizations see the need for recognition and regulation of legal certainty in the field of information technology, regarding electronic transactions with digital signatures. Legal certainty regulates clearly and logically, which means there is clarity and firmness in the application of law to e-signature regulations, and e-signature certification to guarantee legal certainty. Regulations on the use of e-signatures are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Recognition of electronic signatures as valid legal evidence and electronic certification providers. The use of e-Signature is also regulated in implementing laws and regulations, namely Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, including the introduction of electronic signatures as a legal instrument, electronic signatures as a means of authentication and verification, data for creating electronic signatures , electronic signature signing process, electronic certification organizer. To use electronic signatures, you need to choose a company that has received certification and can operate globally without having to worry about document security.

Health BPJS program aims to provide assurance of social protection and welfare for all Indonesian people. One of the problems that patients who use BPJS often face is the problem of Health BPJS services in the field, namely cases of refusal of patients participating in Health BPJS to get an examination room by the hospital. The need for legal protection in obtaining health services, which aims to ensure legal certainty obtained by patients that patients avoid losses when receiving health services that should be provided properly and optimally by health workers. This study aimed to identify and analyze the legal protection of patients who used Health BPJS in hospitals. This study used a normative juridical approach. The result showed that there were two kinds of legal protection for Health BPJS participants in health services, namely preventive and repressive legal protection.  

This legal writing aims to examine and analyze the inconsistency of the Supreme Court in providing protection for well-known brands in Indonesia. This research is normative legal research that is prescriptive in nature. The approaches used in this research are the statutory approach, case approach, comparative approach and conceptual approach. This research uses primary legal materials, statutory regulations and Supreme Court decisions relating to well-known trademark disputes as well as secondary legal materials in the form of research results discussing trademark disputes. The results of this research are that the Supreme Court decisions studied in this research conclude that there is inconsistency in the Supreme Court in providing protection for well-known brands. The Supreme Court has not been able to provide an appropriate protection mechanism in dealing with the legal vacuum regarding the definition of a Famous Mark. This has implications for various interpretations in considering the popularity of a brand. The considerations given by the Supreme Court have not shown justice and continuity with the ratification of international agreements regarding the legal protection of well-known marks. Where judges should be able to refer to jurisprudence in resolving famous brand disputes, this research concludes that there are inconsistencies in this matter so that legal certainty has not been created regarding the protection of famous brands.

The rights of Fiduciary guarantees, in practice, are often violated by Fiduciary guarantee recipients. Even thuggery methods are used for this purpose. The purpose of this study was to identify and analyze the legal norms formulated in Article 15 of the Fiduciary Guarantee Law and the conflicting norms of Article 15 paragraph (2) and paragraph (3) of the Fiduciary Guarantee Law with the original intense formulation of Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia . The research method uses a normative juridical approach. Legal norms which are the legal substance of the formulation of the Fiduciary Guarantee provisions are analyzed through a concept and law approach. Fiduciary towards the 1945 Constitution, caused by the phrase "executive power" and the phrase "the same as a court decision that has permanent legal force" which is contrary to the principles of legal certainty and fairness of the parties to the agreement. The legal argument is the subjectivity of creditors (Fiduciary Recipients) in assessing and determine the circumstances of default (default) of the debtor (Fiduciary Provider).    

Nowadays information technology is developing very rapidly in the health sector. As technology advances, the use of medical records has begun to shift from conventional or paper-based to digital. Electronic medical records (EMR) are an important part of health services. Electronic medical records are electronic information created by health care providers based on patient conditions, forwarded and sent to other departments for consultation and further examination and received and stored in digital form and can be viewed at any time if needed. Electronic medical records are very useful for healthcare organizations, healthcare professionals as well as patients. The purpose of this study was to analyze the implementation of electronic medical records and legal studies. This study used normative juridical research methods. This study had a specificity, namely descriptive-analytic where this study sought to analyze legal issues and also the legal system, that it could be understood and then conclusions could be drawn. The results showed that the implementation of electronic medical records, namely first, the implementation of electronic medical records could increase the accuracy and security of data. Second, the implementation of electronic medical records could increase efficiency and productivity. Third, the implementation of electronic medical records could provide better service to patients. The legal basis for implementing electronic medical records was contained in the Regulation of the Minister of Health Number 269/MENKES/PER/III/2008 concerning Medical Records where in Article 2 Paragraph (2) it was explained that "Medical records must be written, complete and clear or electronic". ITE Law Number 19 of 2016 did not regulate how electronic medical records were issued. Electronic medical records as a form of medical document must comply with applicable legal requirements, such as the right to privacy, confidentiality, accuracy and data security. It was hoped that legal certainty in the implementation of electronic medical records could help improve and improve health services.

Teledentistry is a relatively new combination of telecommunications technology and dental care. It has its roots in telemedicine, which involves the use of communications and information technology to provide health services across geographic distances. Teledentistry faces several challenges, including limited internet access and inadequate infrastructure in remote areas, concerns about the confidentiality of electronic medical records, and incomplete regulations regarding teledentistry in the current law. The problems raised in this research are the obstacles faced by teledentistry practitioners in Indonesia, including factors that hinder their ability to manage medical risks and legal protection for teledentistry practitioners who face medical risks such as drug allergies. Legal protection for dentists in the field of teledentistry when facing medical risks, such as allergies to electronically prescribed medications. Dentists must obtain legal guarantees and certainty in providing health services to their patients. The conclusion of this study is that in teledentistry consultation services, medical risks such as drug allergies, which are unpredictable reactions of the patient's body, cannot be predicted. Medical risk is not a form of medical malpractice. Because, in medical risks, one of the elements in articles 338 and 359 of the Criminal Code cannot be fulfilled, namely the element of negligence.

Notaries should be responsible for drafting and issuing credit agreements between banks and debtors in order to provide legal certainty for all parties involved. In an effort to achieve legal certainty, especially in banking credit agreements with standard clauses, Notaries must ensure that their duties are carried out in accordance with applicable principles and provisions. This research aims to analyze unbalanced standard clauses in credit agreements made by Notaries and to examine the liability of Notaries for credit agreements that utilize standard clauses. The approach method used is the doctrinal legal research method, using literature examination or secondary data to examine relevant regulations and literature. The preparation of this research uses an analytical descriptive approach which aims to explain the data or describe the object of the problem being studied. The results of the research show that the responsibility of the Notary for credit agreements that apply standard clauses is that if the agreement made by the Notary has elements of unlawful acts, the Notary has an obligation to be responsible in accordance with civil provisions by providing compensation to parties who lose as a result of the agreement in accordance with the provisions stipulated in Article 84 of Law Number 2 of 2014 concerning Notary Offices.

Philosophical study of social justice from Plato's thought Throughout the history of philosophy, the topic of justice has been a very important topic. Theoretical thinkers such as utilitarianism, intuitionism, eudaimonism, perfectionism, liberalism, communitarianism, and socialism have discussed this topic. The core of political research from the time of Plato to the present is justice. Questions of fairness cannot be determined by the standards used to determine whether something is fair. Different versions of answers regarding the meaning of justice are often considered unsatisfactory, so they cannot be separated from the debate which ultimately constructs the meaning of justice itself, even into a relative formulation. This problem ultimately encouraged many groups to take an alternative path by returning the meaning of justice to those who set the laws and regulations and to judges who will develop their own considerations. This article will discuss the concept of justice from the perspective of Pre-Christian philosophers, especially Plato. Philosophically, there are two ways of expressing justice: First, the view that justice means harmony between the implementation of rights and the implementation of obligations according to the "balance of law" clause, namely "the scope of rights and obligations". The view of legal experts basically holds that justice is harmony between legal certainty and legal comparability. There are even those who argue that law must be combined with justice for it to truly have legal meaning. This is related to the answer that law is part of human efforts to create ethical coexistence in the world. Only through a just legal system can society live peacefully towards happiness, because the essence of law is to create fair rules in society.                                                                                                                     

This community service was carried out in Sumbersari Hamlet, Community Service Activities were carried out in Mojowatesrejo Village, Kemlagi District, Mojokerto Regency with the target of understanding Digital Marketing Optimization and the Legality of Micro, Small and Medium Enterprises Development (U.M.K.M). Carrying out community service, the main aim of this activity is to increase insight and knowledge regarding Optimization of Digital Marketing and the Legality of Micro, Small and Medium Enterprises (UMKM) Development in Mojowono Village. In order to obtain and support a conducive working atmosphere, work together to build productive partnerships. Therefore, the socialization carried out in Mojowono Village, Kemlagi District, Mojokerto Regency is very important to carry out. Other objectives include providing an understanding of technological advances that must be utilized properly so that they can increase income in society. This business activity must of course be maximized and must be equipped with a business permit so that it can provide certainty and legal protection for Micro, Small and Medium Enterprises(UMKM)

Sharia financing instruments are experiencing development, one of the products being national sharia securities (SBSN) or sukuk in order to optimize the state revenue and expenditure budget (APBN). There needs to be a supporting professional responsibility, namely a notary. In issuing SBSN, there is a big risk because it involves a large amount of funds, many parties. , and national wealth. The notary is responsible for making an authentic deed that contains a guarantee of security for the parties. This research aims to determine the legal aspects and responsibilities of the notary profession regarding the issuance of SBSN. The research method uses normative juridical research with a statutory research approach. The results of this research show that SBSN is very useful for obtaining APBN infrastructure financing. State sharia securities (SBSN) or sukuk contain legal aspects that are complete enough to guarantee legal certainty. The legal aspects start from the formation of laws, government regulations, DSN-MUI fatwas, and other regulations. The responsibility of the notary profession in issuing SBSN is not directly involved. Notaries in issuing SBSN are responsible for making authentic deeds, especially contracts to ensure they are in accordance with sharia-based rules, providing legal counseling for the parties as a neutral party, legalizing private documents, and being a witness to the notarized agreement for the issuance of SBSN. has been registered with the OJK as a notary in charge of capital markets.

Article 27 letters (g) and (h) of the 2006 Convention on the Rights of Persons with Disabilities regulates that state parties must employ persons with disabilities in the government sector and promote employment for persons with disabilities in the private sector through appropriate policies and measures which may include concrete action programs, incentives and other steps. Based on data from the Ministry of Manpower in 2021 and 2022, less than 1% of people with disabilities can work in the public and private sectors. The main problems in this research are: How is Article 27 of the Convention on the Rights of Persons with Disabilities 2006 implemented in Law Number 8 of 2016 concerning Persons with Disabilities; What is the solution to the weakness in implementing Article 27 of the 2006 Convention on the Rights of Persons with Disabilities in Law Number 8 of 2016 concerning Persons with Disabilities. The theories used in this research are the theory of monism and the theory of legal positivism.The type of research used in this research is normative legal research. Normative legal research is a process of finding legal rules, legal principles and legal doctrines to answer the legal issues faced. This research focuses on legal synchronization, namely examining the harmony of positive law (legislation) so that it does not conflict based on the hierarchy of laws and regulations.The results of this research are that the implementation of Article 27 of the Convention on the Rights of Persons with Disabilities 2006 in Law Number 8 of 2016 concerning Persons with Disabilities has weaknesses, where none of this law regulates sanctions for the government, regional governments, State-Owned Enterprises, Regional-Owned Enterprises and private companies that do not meet the quota for disabled workers as regulated in Article 53 of Law Number 8 of 2016 concerning Persons with Disabilities. Therefore, the government needs to formulate government regulations as soon as possible as implementing regulations for Law Number 8 of 2016 concerning Persons with Disabilities, so that there is legal clarity and certainty, especially for law enforcers and people with disabilities.

This research is about the Authority of Notaries to Make Covernotes. Regarding making covernotes by Notaries, until now there is no legal umbrella, but in practice Notaries make covernotes in the credit agreement process. This type of research is empirical juridical research and uses a statutory legal approach. The research data used is secondary data and primary data. Secondary data is data obtained from interviews with Notaries in the City of Yogyakarta and the Chair of the Regional Supervisory Council of the Special Region of Yogyakarta Province. Secondary data comes from legislation and other legal materials. Research data was analyzed using a quantitative approach. The results of this research explain: Covernotes are made based on custom and based on material law, namely the law of engagement. If there is a formal legal source in the form of custom, it is acceptable, does not conflict with the law and is carried out repeatedly, which causes the action to be considered the truth and does not conflict with applicable law. .Even though the position of the covernote is still considered not to meet legal certainty. Covernotes have also been explicitly discussed by the Management of the Indonesian Notary Association that the UUJN does not regulate the making of covernotes by Notaries regarding activities or implementation of Notarization.

This research is about the role of notaries in legalizing foreign public documents after accession to the Apostille convention through Presidential Regulation Number 2 of 2021. Legalization is the authority of notaries as regulated by the Law on the Position of Notaries. However, something new has emerged, namely regulations regarding the legalization of public documents that will be used abroad, including public documents by notaries, namely the legalization of Apostille. This type of research is empirical normative research carried out using a statutory and conceptual approach and prepared using primary legal materials in the form of laws and secondary legal materials, namely conducting interviews. The data obtained was processed in a quantitative descriptive manner. The results of this research explain that the role of the notary in legalizing public documents in the Apostille is under the authority of the Notary Position Law and Presidential Regulation Number 2 of 2021, the role of the notary is to register public documents via the online website of the Ministry of Law. and Human Rights. Then the legal certainty of the Apostille document's boundaries is not yet clear, only those outlined in Presidential Regulation Number 2 of 2021.

Legal metrology has the role of providing assurance of the correctness of measurement results and legal certainty in the process of trade transactions that use Measuring, Measuring, Weighing, and Equipment (UTTP) tools for determining quantities as a basis for determining the price of goods and services.  The implementation of legal metrology activities to ensure the correctness of measurement results is regulated in Law Number 2 of 1981 concerning Legal Metrology which aims to protect the public interest / consumers through guaranteeing the correctness of measurement results as well as order and legal certainty in the use of units of measure, unit standards, measurement methods and measuring, measuring, weighing and weighing equipment. Therefore, a study was conducted entitled Risk Analysis of OHS Hazards in the Facilitation of Tera / Retest Work and Repair of Mechanical Non-Automatic Scales (TBOM) Using the JSA and HIRARC Methods with a case study of the Tera Tera Retest Facilitation work at BSML Regional IV. Testing is done manually using scales up to 150 kg to ensure the correctness of the measurements. With the high risk experienced in testing and repair, risk mitigation is carried out with the HIRARC method with the results of 3 Medium Risk (medium risk) down to none, as well as 5 Low Risk (light risk) to 11 Very Low Risk to 11 risks from the initial 6 risks in the Tera Tera Re-facilitation of the Tera Session in the Market.

Policies that are often taken by public officials sometimes give rise to major criticism committing a pattern of criminal acts of corruption. Policies that are considered can fall into the action category corruption is policies that could harm state finances. So it's a loss State finances are one of the elements of criminal acts of corruption in Article 2 paragraph (1) and Article 3 Act No. 31 Year 1999 jo Act No. 20 Year 2001 about Eradication Act Criminal Corruption. The formulation of elements that are detrimental to state finances in these two articles is at the evidentiary level still raises various obstacles because it is an unclear and unclear norm multiple interpretations. Results from study show that prove that element harm state finances in criminal acts of corruption are still understood as formal criminal acts so that the proof Enough with fulfil deed the And No need There is consequence, Good Which potential harm finance country nor loss Which Actually, perpetrator can convicted. After Court Constitution through Decision Number 25/PUU-XIV/2016 mention that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and is fundamentally change qualification corruption become become crime material, However in its implementation There are different views regarding law enforcement officials in proving that element This is detrimental to state finances, giving rise to legal uncertainty. In the upcoming corruption criminal law reform, the more appropriate model of proof is with use draft loss finance country in meaning  crime material. Through draft This, something deed new can seen fulfil elements follow criminal corruption with condition There must be a result of the state's loss being real and occurring (actual). lost). Proof concept loss state finances in meaning  material ensure law Which fair certainty.

This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.

Provisions that protect human freedom in the continuation of their lives, as well as obtaining adequate housing, especially in maintaining what has belonged to them from the start. In the case of residential evictions in the Kampung Bayam area, legal protection for human rights has not been realized to date. The evictions carried out by the DKI Jakarta Government were carried out arbitrarily without considering the impact on residents who lost their homes and also as a form of deprivation of the economic, social and cultural (ekosob) rights of the people of Kampung Bayam. Apart from that, until now too There is no real effort yet to be seen from the government to try to restore the housing rights of the residents of Kampung Bayam. Moreover, Indonesia is a country based on the supremacy of law, which means that Indonesia should make protection and respect for human rights its main focus.