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THE EFFECTIVENESS OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION IN HANDLING CASES OF ALLEGED UNFAIR BUSINESS COMPETITION CONDUCTED BY PT AERO CITRA CARGO Wike Nopianti; deny guntara; muhamad abas
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8124

Abstract

Allegations of a monopoly on the export of apparent lobster seeds originated from a case of corruption in evident lobster seeds committed by former Minister of Maritime Affairs and Fisheries Edhy Prabowo. In the indictment filed by the Public Prosecutor, Edhy allegedly founded and managed the Aero Citra Kargo Limited Liability Company as a shell company to collect profits from the export of apparent lobster seeds. At that time, the Business Competition Supervisory Commission suspected that the Aero Citra Kargo Limited Liability Company violated 17 and 24 of Law Number 5 of 1999. This study aimed to determine the effectiveness of the Business Competition Supervisory Commission in handling cases of alleged unfair business competition carried out by the Aero Citra Kargo Limited Liability Company. And to find out the considerations of the Commission Council for the Supervision of Business Competition in deciding Case Number 04/Commission for the Supervision of Business Competition-I/2021. This scientific research uses normative qualitative research methods. The author uses a normative juridical strategy in this approach. The Commission for the Supervision of Business Competition has played an influential role in cases of unfair business competition/monopoly practices, especially in cases of unfair business competition for export shipping services for Clear Lobster Seeds carried out by Aero Citra Kargo Limited Liability Company, the Commission Council has correctly determined decision dictum based on facts, judgment, analysis, and conclusion. The Commission Council only provides sanctions in the form of stopping activities carried out by the Aero Citra Cargo Limited Liability Company, which following the legal basis, namely Law No. 5 of 1999Keywords: Effectiveness, Monopolistic Practices, export
IMPLEMENTATION OF REGULATION OF THE MINISTER OF MANPOWER NUMBER 6 OF 2020 CONCERNING THE IMPLEMENTATION OF DOMESTIC APPRECIATION IN KARAWANG, WEST JAVA Listiono listiono; Deny Guntara; Muhamad Abas
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8146

Abstract

Indonesia is a constitutional state with a rule of law that is very useful for society, and the law must provide benefits and goals for humanity. In general, employment in apprenticeship practices results in that there are still many companies that do not give an allowance amount. In the corporate world, labor is one of the most significant expenses in the corporate world, so in this case, if the work (interns) is not paid, it can benefit the company. Meanwhile, interns also have other needs in their daily activities. This can harm both parties, namely apprentices (apprentices) and the company. The problem is how the apprenticeship program is implemented in Indonesia in terms of the Minister of Manpower Regulation Number 6 of 2020 concerning the Implementation of Domestic Apprenticeships and what are the inhibiting factors in implementing the apprenticeship program in Indonesia. The research method is qualitative, with the approach used in this study being normative juridical. The research results on implementing the Apprenticeship Program in Karawang in terms of the Minister of Manpower Regulation Number 6 of 2020 concerning the performance of Domestic Apprenticeships have been running according to the rules contained in the regulation. In practice, there are still many companies placing apprentices that are not under their competence or expertise, that have been carried out so that it is not in line with the objectives of the Organization of Domestic Apprenticeships. There are lacks that the specialists found in every part of adequacy, and these elements show that the execution of the Guideline minister of workforce regulations of the Republic of Indonesia Number 6 of 2020 concerning the Execution of Homegrown Apprenticeships concerning the privileges of student members is as yet not successfully carried out in the field.Keywords: Implementation, Effectiveness, Apprenticeship
CONSUMER PROTECTION AGAINST WITHDRAWAL OF MOTOR VEHICLES BASED ON FIDUCIAN COLLATERAL Jannus Manurung; Yuniar Rahmatiar; Muhamad Abas
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8147

Abstract

In the current era, all people can own a motorized vehicle in an easy and fast way. This is triggered by the way to buy a motorized car with credit. In terms of withdrawing vehicles, finance companies use the role of a third party (a debt collector) to carry out their actions in collecting creditors and also carrying out forced withdrawals of collateral objects, where the financing company feels that the actions taken are safe. A debt collector is a third party who assists a finance company in resolving a credit problem that the finance company cannot determine. The problem is how the collector department's implementation of the motorized vehicle withdrawal process is linked to law number 42 of 1999 concerning fiduciary guarantees and how consumer protection for motorized vehicle withdrawals by the collector department is linked to law number 42 of 1999 concerning fiduciary contracts. The research method is qualitative, with the approach used in this research being normative juridical. The results of his study show that Consumer Protection Against Motor Vehicle Withdrawal has not gone well because when a consumer's motorized vehicle has been withdrawn, there is no further information on the vehicle's whereabouts, whether it is being sold or auctioned. So that when the car is going to be auctioned or sold, the consumer needs to know that the result is more than or sufficient to pay off the consumer's debt. Many unscrupulous debt collectors do not have a clear professional status and sometimes threaten consumers, which causes harm to consumers and the most crucial factor they register. A fiduciary Guarantee is the registration of a motorized vehicle as a fiduciary guarantee to have legal certainty for both the party providing the financing and the party receiving the funding. No legal counseling is carried out to the Financing Company related to fiduciary guarantees, especially in registering fiduciary collateral goods, where registration of fiduciary warranties is basically to obtain legal certainty over the object's position fiduciary as well as confidence for the parties agreeing within it.Keywords: Legal Protection, Consumers, Debt Collector
Implementation of Civil Servant Discipline Regulations Based on Government Regulation Number 94 of 2021 at the Civil Service Police Unit Office, Karawang Regency Nova Desi Ratnasari; Yuniar Rahmatiar; Muhamad Abas; Suyono Sanjaya
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 2 (2023): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i2.15290

Abstract

Discipline of civil servants is the ability of civil servants to comply with obligations and avoid prohibitions specified in laws and regulations. According to Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants which is the legal basis for regulating the formation of a good and correct state apparatus. Discipline must be upheld in an organization or agency, because without the support of good employee discipline, it is difficult for an agency to realize its goals. Problems with the discipline of Civil Servants, are currently receiving sharp attention from the public. The formulation of the problem in this research is how is the implementation process and efforts in carrying out and improving Civil Service Discipline Regulations based on Government Regulation Number 94 of 2021 at Satuan Polisi Pamong Praja Office, Karawang Regency. This type of research is Juridical Socialogis, data collection techniques were obtained through interviews, and data were analyzed qualitatively. The results of research by Satuan Polisi Pamong Praja Office of Karawang Regency apply preventive discipline to civil servants and efforts to increase employee discipline by disseminating regulations to employees as an effort to discipline employees
Implementasi Pemberian Remisi Bagi Narapidana di Lembaga Pemasyarakatan Kelas IIa Karawang Dihubungkan Dengan Permenkumham Nomor 7 Tahun 2022 Dahrul Manalu; Deny Guntara; Muhamad Abas
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 11 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8063485

Abstract

ABSTRACT The writing of this scientific work is a form of representation of granting remissions for convicts in class IIA Penitentiary in Karawang Regency based on data findings related to the existing regulations in force in the form of Permenkumham Number 7 of 2022 concerning the Second Amendment Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Visiting Family Leave, Parole, Prior Release Leave, and Conditional Leave as the legal basis for conducting this research. Correctional Institutions as an area that is not only limited by the form of its territory to accommodate convicts, but as a medium that realizes legal objectives by providing guidance and coaching for convicts. In practice, remission itself is one of the convict coaching strategies based on the Regulation of the Minister of Law and Human Rights Number 7 of 2022 which is still valid until 2023. The process of carrying out research is carried out using research methods which in terms of using field data, namely empirical juridical methods in which researchers go to the field and obtain data which will then be processed in this paper. The results of the study show that there has been an increase in the granting of remissions from 2021 to 2022 with data divided into general remissions and special remissions. Keywords: Prisoners, Remissions, Correctional Institutions
IMPLEMENTASI PENERAPAN STRUKTUR DAN SKALA UPAH PADA PERSEROAN TERBATAS BEST LOGISTICS SERVICE INDONESIA DIHUBUNGKAN DENGAN PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 TENTANG PENGUPAHAN Sopyan Sopyan; Deny Guntara; Muhamad Abas
UNES Journal of Swara Justisia Vol 7 No 2 (2023): UNES Journal of Swara Justisia (Juli 2023)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v7i2.381

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“Pengusaha wajib menyusun dan melaksanakan struktur dan skala pengupahan di perusahaan dengan memperhatikan kemampuan dan produktivitas perusahaan,” terang Pasal 21 Peraturan Pemerintah Nomor 36 Tahun 2021 Tentang Pengupahan. di PT, sejalan dengan hal tersebut. Best Planned operations Administration Indonesia yang merupakan organisasi PMA Jepang yang berpartisipasi dalam administrasi strategi otomotif yang dicanangkan pada tahun 2003 yang merupakan salah satu organisasi Honda Gathering di Indonesia, telah mulai melaksanakan estimasi konstruksi dan skala mulai sekitar tahun 2014. Penelitian hukum empiris adalah istilah untuk studi semacam ini. Dimulai dengan data sekunder kemudian dilanjutkan dengan data primer dari masyarakat atau lapangan dalam hal ini pihak-pihak yang terlibat dalam pelaksanaan Peraturan Pemerintah Nomor 36 Tahun 2021 tentang Pengupahan. Sementara itu, dilihat dari gagasan pemeriksaan ini bersifat ekspresif, artinya memberikan gambaran yang wajar tentang penggunaan Undang-undang Tidak Resmi Nomor 36 Tahun 2021 tentang Pengupahan di PT. Administrasi Operasi Terbaik Indonesia. Berdasarkan temuan penelitian, implementasi Pasal 21 Peraturan Pemerintah Nomor 36 Tahun 2021 Tentang Pengupahan Pada PT Perusahaan telah menjalankan Best Logistics Service Indonesia sejak tahun 2014, namun perusahaan menghadapi tantangan, seperti kenaikan upah yang meningkat setiap tahunnya sedangkan volume produksi menurun, yang akan berdampak signifikan pada kemampuan perusahaan untuk menerapkan struktur dan skala upah serta masa kerja pekerja yang rata-rata berusia di atas 10 tahun.
Wanprestasi Perjanjian Kerja Antara Aktor dengan Rumah Produksi Film Siti Dhiafajaazka; Yuniar Rahmatiar; Muhamad Abas
Rechtsregel : Jurnal Ilmu Hukum Vol 6, No 1 (2023): Rechtsregel : Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/rjih.v6i1.33938

Abstract

LEGAL PROTECTION OF CHILDREN AFTER DIVORCE DIVORCE RELATED TO ACT NUMBER 16 OF 2019 AMENDMENT TO ACT NUMBER 1 OF 1974 CONCERNING MARRIAGE (Decision Study Number 1145/pdt.g/2020/PA.Krw) Jihan Alfadia; Muhamad Abas; Zarisnov Arafat
Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v8i2.5774

Abstract

Child protection is all activities to ensure and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and values, and receive protection from violence and discrimination. Divorce so far often creates problems inherent in children's rights, namely the right to education, health, maintenance costs and so on. In Law Number 1 of 1974 concerning Marriage, it mentions the rights and obligations between parents and children. It is stated in Law Number 1 of 1974 Article 45 Paragraph 1 namely: "Both parents are obliged to look after and educate their children as well as possible, while Paragraph 2 states that: The obligations of the parents referred to in Paragraph I apply until the child marries or can stand-alone. Which obligations continue even though the marriage between the two is broked, the obligation to provide maintenance for their child is not broken and the child still gets his rights as a child. The purpose of this research is to find out the legal protection of children after divorce and to find out the considerations of judges in deciding about legal protection of children after divorce.
JURIDICAL REVIEW OF UNILATERAL ENGAGEMENT ANNULMENT AS AN UNLAWFUN ACT IN CONNECTION WITH CODE OF CIVIL LAW (CASE STUDY OF DECISION NUMBER 45/Pdt.G/2019/PN.Sng) Yustya Laraswati; Yuniar Rahmatiar; Muhamad Abas
Justisi: Jurnal Ilmu Hukum Vol 8 No 2 (2023): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v8i2.5780

Abstract

According to Al-Hamdani, engagement is a man's request for another person's daughter or a woman who is under someone's guardianship, as an introduction before marriage. Engagement as a planned action is undeniable that it can be canceled for that action. The problems raised in this study are how the unlawful act in canceling a unilateral engagement according to the Civil Code and how the judge's considerations in lawsuit No. 45/Pdt.G/2019/PN.Sng. The purpose of this study is to find out how the cancellation of the engagement is said to be an unlawful act and to see the judge's considerations in granting the lawsuit Number: 45/Pdt.G/2019/PN.Sng. The research method used is a qualitative research method. Using a normative juridical approach and using data analysis methods, legal reasoning is problematic. The results of this study show that, in the decision of case No.45/Pdt.G/2019/PN.Sng, the judge considered that: unilateral cancellation of engagement categorized as unlawful acts is correct, in accordance with Article 1365 of the Civil Code. The Defendant unilaterally cancelled the engagement with the Plaintiff which has violated the norms of decency and decency in society.
PERLINDUNGAN HUKUM TERHADAP HAK BERUNDING PERJANJIAN KERJA BERSAMA SERIKAT PEKERJA YANG TIDAK DIPENUHI OLEH PENGUSAHA Sopyan Sopyan; Deny Guntara; Muhamad Abas
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.699

Abstract

The purpose of this writing is to learn how the Collective Labor Agreement (PKB) is governed by law and what legal recourses can be taken against the alleged rejection of the PKB. This examination is an illustrative subjective exploration. The methodology utilized is an exact juridical methodology, in particular breaking down an issue utilizing regulations and guidelines which are then deciphered with experimental information in the field. The method of legal reasoning, which is an activity to find a legal basis contained in a legal event, is the method of data analysis utilized in this study. whether it is a legitimate demonstration or an unlawful demonstration (criminal, common or regulatory) and remember it for the current lawful guidelines. The consequences of this study show that there are charges that businesses with different reasons reject the presence of an Aggregate Work Understanding (PKB) in their organization despite the fact that the circumstances for worker's guilds have been satisfied to apply for the option to arrange. Conflicts with labor unions followed the implementation of the Collective Labor Agreement (PKB). despite the fact that, in accordance with PERMENAKER RI No. Employers are required to serve trade unions and labor unions that submit written requests to negotiate collective labor agreements (PKB) under Section 28 of 2014, which is about the Procedures for Making and Ratifying Company Regulations and Making and Registering Collective Labor Agreements.
Co-Authors Abd. Rasyid Syamsuri Abdul Kholik Ade Ahmad Fauzan Adyan Lubis Adyan Lubis Agusra Ahmad Sopian Sauri Andri Susanto Anwar Hidayat Anwar Hidayat Anwar Hidayat Arif Wicaksono Astri Safitri Nurdin Dahrul Manalu Deny Guntara Deny Guntara Deny Guntara Deny Guntara deny guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Destia Ayuning Thias Desyifa Nurhidayah Farhan Asyahadi Farhan Asyahadi Firman Aji Pamungkas Hendri Gunawan Imam Budi Santoso Imam Budi Santoso Imam Sofii Toha Ina Malia Putri Insan Supriyatin Irma Garwan Jannus Manurung Jihan Alfadia Khoirul Ummam Lia Amaliya Lia Amaliya Lia Amaliya Lilis Setiani Listiono listiono M. Gary Gagarin Akbar Mochamad Agus Antoni Moh. Shofi Anan Muhamad Jiia Fauzi Muhammad Gary Gagarin Akbar Muhammad Shidqi Mubarok Nadia Syahida Nanik Narya Suryadi Narya Suryadi Narya Nova Desi Ratnasari Nurdin Nurdin Nuryanah Tirostiah Meidah Raden Lita Nur Elita Rr. Winarti Pudji Lestari Rr. Winarti Pudji Lestari Sartika Dewi Sartika Dewi Sartika Dewi Siska Mariza Siti Dhiafajaazka Sopyan Sopyan Sopyan Sopyan Sri Wahyuni Sutras Budi Prayogo Suyono Sanjaya Tanti Alfareza Herdianti Tatang Targana Tatang Targana Taufik Caniago Taufiqoh Bina Ariani Tri Setiady Wahyu Hidayat Wahyu Koswara Wahyu Mulyandaru Wawan Indra R. Wike Nopianti Wike Nopianti Wike Nopianti Wulan Cahya Ningrum Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yustya Laraswati Yusuf Rizki Zarisnov Arafat Zarisnov Arafat Zatmika Nur Farhan