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INDONESIA
Deposisi: Jurnal Publikasi Ilmu Hukum
Published by Universitas Katolik Widya Karya Malang
ISSN : 29875188     EISSN : 29874211     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum " : 7 Documents clear
Perlindungan Korban Pelecehan Seksual Melalui Pendidikan Dan Tindakan Hukum Debbie Aldama; Kiara Anemadya Jaelani; Viki Kosasih
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.336

Abstract

This journal discusses efforts to improve the protection of victims of sexual harassment through education and legal action. The research was conducted by collecting data through interviews with victims of sexual harassment and legal experts. The research results show that proper education and effective legal action are very important in providing protection to victims of sexual harassment. In addition, strong cooperation is needed between government agencies, communities and families to ensure the safety and welfare of victims. This journal provides recommendations to increase public awareness about the importance of protecting victims of sexual harassment and strengthen existing legal measures to protect victims. It is hoped that the results of this research can assist in efforts to protect victims of sexual harassment and strengthen the existing protection system.
Hukum Pidana Mati Di Indonesia Berdasarkan Perspektif Hak Asasi Manusia Dan Alternatif Penegakan Hukum: Studi Kasus: Pidana Mati Ferdy Sambo Gisella Tiara Cahyani; Siti Bilkis Sholehah; Dara Nurul Salsabillah; Muhammad Alwan Ramadhana; Revand Arya Pratama; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.338

Abstract

Law is a tool for regulating people's lives with a coercive nature and requires people to follow existing rules. The law is made for the benefit of the people and contains the norms of life as a guide in society. Death penalty is a punishment with the most severe sanction scale for perpetrators of extraordinary crimes such as narcotics, premeditated murder, terrorism, and crimes against state security. However, the application of death penalty in Indonesia is controversial because it violates Human Rights (HAM) and the right to life guaranteed by the 1945 Constitution Article 28A paragraph (1). Even though there is an update in the latest Criminal Code (KUHP) which regulates probation for 10 years, pros and cons still occur in the application of death penalty. Various views on capital punishment exist, in which some consider human rights and the principles of justice. However, the death penalty must be applied carefully and pay attention to human rights.
Analisis Pelanggaran Hukum Ketenagakerjaan Yang Dilakukan Oleh Pt. Alpen Food Industry Terhadap Karyawan Redhytta Putri Wulandari; Muhamad Rizal; Sari Usih Natari
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.566

Abstract

Alpen Food Industry, the most renowned ice cream manufacturer in Indonesia, boasts a widespread presence with 80,000 outlets across the nation. However, beneath the surface of PT. Alpen Food Industry's success, having once been honored with the Excellent Brand Award, allegations of labor law violations have emerged, leading to protests by its employees. In an effort to fight for their rights, the workers staged a two-week strike. The strike was initiated to advocate for their entitlements. Additionally, PT. Alpen Food Industry is accused of unilaterally implementing Termination of Employment (PHK) procedures. Nonetheless, the company refutes these allegations, asserting that they conducted the PHK in accordance with existing protocols and guidelines. They claim to have sent two separate Call Letters to the workers, which went unanswered, and argue that this inaction is tantamount to resignation based on the prevailing guidelines. This research employed a qualitative approach, gathering data through literature review methods involving various sources such as journals, news articles, and websites. The author then drew conclusions based on the obtained data. The research findings suggest that the dispute arose primarily from a lack of communication between the workers and the employer.
Penyelesaian Perselisihan Pemutusan Hubungan Kerja Yang Memasuki Purnatugas Menurut Undang – Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Indi Nuroini
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.573

Abstract

This study aims to clearly describe the regulation of regulations that examine changes in the Employment Copyright Act, the legal consequences that can be caused to companies if they do not provide severance pay at the time of Termination of Employment and Government Regulation no. 35 of 2021. This type of research uses a normative juridical research model. Based on the Employment Act, a person who has retired, his rights and severance pay must be paid in accordance with the mandate of Article 156 paragraph (1). The results of this study are 1). based on several legal provisions as mentioned above, we can conclude that the retirement age in 2022 is at the age of 58 (fifty eight) years, 2). the current regulation regarding layoffs does not have to go through the determination of the Industrial Relations Court (PHI), the Company only needs to inform the workers of the intent and reason for the layoffs. If the worker refuses to be laid off, the worker can propose bipartite negotiations to the company and if a meeting point does not occur, mediation can be carried out, up to a settlement at the PHI, 3). different arrangements between the Manpower Act and the Job Creation Act. Among them is the amount of entitlement to severance pay. In the Manpower Act, a person who retires gets a severance pay amount of 2x (twice) the provisions of Article 156. While in the Employment Act it is 1.75 (one point seventy-five) from Articles 156, 4). criminal law provisions in the Copyright Act, if the employer does not provide severance pay in accordance with applicable legal provisions to workers who have been laid off due to entering retirement age. This is not regulated in the manpower law which is more civil in nature in terms of resolving disputes over layoffs.
Sengketa Ekonomi Syariah Diselesaikan Sesuai Dengan Persyaratan Yang Diatur Mahkamah Agung Rismauli Br Gultom; Winda Fitri
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.610

Abstract

The large number of people who use sharia contracts has a strong correlation with the number of sharia economic conflicts. Either party may breach the contract or engage in illegal acts giving rise to law. If a lawsuit occurs, the aggrieved party can file a lawsuit against the lawsuit, but the judge turns out that during the examination of the case, it determines that the contract in question is not in accordance with sharia law, even though neither party owns it. filed a lawsuit to be terminated. To examine sharia economic dispute cases, judges are required to follow certain provisions from the Supreme Court. In this study, the authors also used a conceptual approach to examine. Islamic legal concepts related to improper contracts. govern Islam. The authors of this study draw the conclusion that there are still many legal discussions governing sharia economics; existing laws only regulate in general and globally, and sometimes even conflict with each other. Due to loopholes in the law, the Supreme Court established guidelines for reviewing sharia economic cases. The guidelines contain several provisions that are inconsistent or even contradict one another, so that ijtihad is required from the judge's side to uphold the principle of divinity. so that the choice is only based on the rules stipulated by Islamic law. then the Supreme Court sets guidelines for reviewing sharia economic cases. The guidelines contain several provisions that are inconsistent or even contradict one another, so that ijtihad is required from the judge's side to uphold the principle of divinity. so that the choice is only based on the rules stipulated by Islamic law.. then the Supreme Court sets guidelines for reviewing sharia economic cases. The guidelines contain several provisions that are inconsistent or even contradict one another, so that ijtihad is required from the judge's side to uphold the principle of divinity. so that the choice is only based on the rules stipulated by Islamic law.
Perlindungan Hukum Terhadap PT. Pos Indonesia Dalam Perjanjian Kerjasama Kemitraan Dengan Agen Pos Indonesia (Studi Kasus DI PT. Pos Indonesia Kantor Cabang Utama Denpasar) Lia Siti Sawaliah; Ni Luh Made Mahendrawati; I Made Arjaya
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.640

Abstract

This study aims to examine the implementation of the partnership agreement between the Indonesian Pos Agent and PT Pos Indonesia (Persero) as well as the legal protection provided to PT. Pos Indonesia if there is a default from the postal agent. The research method used is an empirical legal method with a Fact, Sociological and Legislative approach. The results of this study indicate that the implementation of the partnership cooperation agreement between Pos Indonesia agents and PT Pos Indonesia (Persero) faces several problems, both in the operational and non-operational sections. One of the problems outside of operations is an error in the weight of the scales made by the postal agent which causes losses. In this case, PT. Pos Indonesia is given preventive and repressive legal protection. Preventive legal protection is carried out to prevent negligence, while repressive legal protection is carried out through reprimands, sanctions and compensation until the termination of the agreement permanently.
Tindak Pidana Pembunuhan Berencana dalam Pasal 340 Kitab Undang-Undang Hukum Pidana Charen Toisuta; Dhea Salsabila; Jason Johanis Walean; Asmak Ul Hosnah
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum 
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.680

Abstract

The crime of premeditated murder is a term for premeditated murder by a person or a group of people who basically want to kill or eliminate someone's life. The crime of premeditated murder is regulated in the Criminal Code Article 340. The purpose of this writing is to find out what elements are contained in the crime of premeditated murder, whether there are elements of premeditated murder, the purpose of premeditated murder as well as the law or sanctions given and the responsibility of the crime. premeditated murder under Article 340 of the Criminal Code. The method used is library research method. The crime of premeditated murder is listed in the Criminal Code Article 340 with elements of a criminal act who, intentionally, plans ahead and takes the lives of other people. One of the main elements is the planned element. The element of planning in advance means that there is a distance or time between the intention to kill and the execution of the murder and the aim is to make the killing run smoothly. Sanctions for a crime are death penalty, life imprisonment and 20 years temporary imprisonment. A criminal act of premeditated murder must be held responsible for the actions that have been committed.

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