scholarly journals Perlindungan Hukum Bagi Pekerja Rumahan Yang Bekerja Secara Putting Out System Melalui Optimalisasi Peran Badan Usaha Milik Desa

2019 ◽  
Vol 2 (2) ◽  
pp. 365-379
Author(s):  
Tri Rahayu Utami ◽  
Naila Amrina ◽  
Maimunah Maimunah
Keyword(s):  
Research Method ◽  
Social Protection ◽  
Health And Safety ◽  
Legal Protection ◽  
Regional Government ◽  
Legal Research ◽  
Work Time ◽  
Institutional Governance ◽  
Work Relations

This study aims to determine the legal and social protection of homeworkers who work in a Putting Out System through the optimization of Village-Owned Enterprises (BUMDes). The research method used is socio-legal research that uses a doctrinal and empirical approach. The results of the study show that legal and social protection for homeworkers who work in a Putting Out System has not been fully implemented, either based on the provisions of the legislation in the field of labor and institutional governance. The regional government seems to have neglected the basic rights Putting Out Systemsessed by homeworkers who work in a Putting Out System. As; social security, wages, work time, Occupational Health and Safety (K3), workload, work disputes, etc. However, there are opportunities in efforts to protect, namely by optimizing the role of Village-Owned Enterprises (BUMDes) in Bergas District as partners (PT. Ara Shoes Indonesia and PT. Inko Java) in bridging the interests of work relations between companies and workers. Keywords: Legal Protection, Workers, Putting Out System, BUMDes.  Abstrak  Penelitian ini bertujuan untuk mengetahui perlindungan hukum dan sosial bagi pekerja rumahan yang berkerja secara Putting Out System melalui optimalisasi Badan Usaha Milik Desa (BUMDes). Metode penelitian yang digunakan adalah penelitian sosio legal yang menggunakan pendekatan doktrinal dan empiris. Hasil penelitian menunjukan bahwa perlindungan hukum dan sosial bagi pekerja rumahan yang bekerja secara Putting Out System belum sepenuhnya dilakukan, baik berdasarkan pada ketentuan peraturan perundang-undang dibidang ketenagakerjaan maupun secara kelembagaan pemerintahan daerah. Pemerintah daerah terkesan melakukan pembiaran terhadap hak-hak dasar yang dimiliki oleh pekerja rumahan yang berkerja secara Putting Out System. Seperti; jaminan sosial, upah, waktu kerja, Kesehatan dan Keselamatan Kerja (K3), beban kerja, perselisihan kerja, dll. Namun demikian, terdapat peluang dalam upaya melakukan perlindungan yaitu dengan mengoptimalkan peran Badan Usaha Milik Desa (BUMDes) Bersama di Kecamatan Bergas sebagai mitra (PT. Ara Shoes Indonesia dan PT. Inko Java) dalam menjembatani kepentingan hubungan kerja antara perusahaan dan pekerja. Kata Kunci: Perlindungan Hukum, Pekerja, Putting Out System, BUMDes.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals WORK TERMINATION DURING THE COVID-19 PANDEMIC IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA

2020 ◽  
Vol 4 (1) ◽  
pp. 247
Author(s):  
Inayah Inayah ◽  
Surisman Surisman
Keyword(s):  
Research Method ◽  
Industrial Relations ◽  
Legal Protection ◽  
Reciprocal Relationship ◽  
Legal Research ◽  
Work Relations ◽  
Positive Law ◽  
The Republic

The case of work termination which involves businessowners and labor happens widelyin various companies due to the Covid-19 pandemic in Indonesia. This research usesthe normative legal research method. During this Covid-19 pandemic, this worktermination is carried out to save the company and to prevent more victims. Problemswhich happen regarding work termination include the reasons for this termination andthe post-termination compensation. Work relations is a reciprocal relationship which isbased on a two-party agreement. The legal protection for work termination may becarried out during this Covid-19 pandemic. If the rights stated above are not obtainedby the workers, then they may initiate a deliberation. They may also go through conflictresolution procedures on industrial relations outside of court, based on the Republic ofIndonesia’s Constitution No. 2 of 2004.

scholarly journals ENCLAVING ATAS TANAH HAK GUNA USAHA SEBAGAI SUMBER TANAH UNTUK PEMBANGUNAN PERUMAHAN BAGI MBR DIKAITKAN DENGAN PENATAAN RUANG

2019 ◽  
Vol 11 (1) ◽  
pp. 34
Author(s):  
Mas Guntur Wiraprana ◽  
Martin Roestamy
Keyword(s):  
Low Income ◽  
Spatial Planning ◽  
Research Method ◽  
Qualitative Approach ◽  
Housing Development ◽  
Research Use ◽  
Regional Government ◽  
Legal Research ◽  
Spatial Allocation

The purpose of this research is: 1) To know and analyze about enclaving on the cultivation rights title as a land source for low-income people housing development, 2) To know and analyze the role of the regional government in spatial planning organizing on cultivation rights title of the enclave of the land as a land source for low-income people housing development.This research use normative legal research method with qualitative approach. The results of this research is: 1) enclaving on the prolongation or renewal of the cultivation rights title can be used as a land source for the housing development for low-incomwe people, with a terms that its still concerned with the suitability and design on the spatial planning in that area, 2) regional governments as the representatives of the state in the regions authorized in planning, utilizing and controlling spatial in their regions, especially on the regional spatial planning policies, granting licenses, and giving punishment to anyone who violating the regional regulations. enclaving on the cultivation rights title as a land source for low-income people housing development must suitable with the spatial allocation that allows housing / flats to be built.

scholarly journals The Role Of Notary In The Making Of Franchise Agreements Toward The Business Actors In Order To Get Legal Protection Guarantee

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 363
Author(s):  
Eliani Safitri ◽  
Aryani Witasari
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Civil Code ◽  
Marketing Concept ◽  
Legal Research ◽  
Business Network

Franchising is essentially a marketing concept in order to expand a business network quickly. Franchising is not an alternative, but one way that is as strong and strategic as the conventional way of developing a business. In a franchise agreement, the role of a notary is required even though the franchise agreement itself is a standard agreement without a notary. However, in order to make the deed of the agreement is more authentic, the role of a notary is necessary to ensure the legal protection. The research method used was normative juridical. Normative legal research is a legal research conducted by reviewing materials derived from various laws and other materials from various literatures. Based on the results of research and discussion, it can be concluded that the role of Notary is important in making the deed of the franchise agreement in addition to preventing the occurrence of misappropriation (negligence or default) of one party. The notary also ensures the legal protection of the deed of the agreement because it is made under the legal protection. The franchise is an engagement or agreement between two parties in which all provisions refer to Article 1313 of the Civil Code of the treaty, article 1320 of the Civil Code of the validity of the agreement and Article 1338 paragraph (1) of the Civil Code on the principle of freedom of contract.Keywords: Notary; Franchise; Legal Protection.

scholarly journals Perlindungan Hukum terhadap Whistleblower dalam Tindak Pidana Narkotika.

2021 ◽  
Vol 2 (2) ◽  
pp. 332-336
Author(s):  
Gusti Nyoman Adung Setiawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Protection ◽  
Legal Institutions ◽  
Legal Research ◽  
Conceptual Approach ◽  
Law Enforcement Officials ◽  
Legal Security ◽  
Statutory Regulation

A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.

scholarly journals Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)

2020 ◽  
Vol 1 (2) ◽  
pp. 28-32
Author(s):  
Arianto Hulu ◽  
A.A. Laksmi Sagung Dewi Ni ◽  
Made Sukaryati Karma
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
The World ◽  
Alternative Means ◽  
The Republic

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

scholarly journals Kesehatan dan Keselamatan Kerja bagi Petugas Kebersihan di Dinas Kehutanan dan Lingkungan Hidup Provinsi Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 246-250
Author(s):  
Kadek Yohanes Septianadi ◽  
I Nyoman Gedesugjartha ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Health And Safety ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
The Government ◽  
Environment Service ◽  
Very High

The risk from environmental cleaners is very high considering the work they do, where their work is always related to cleaning the garbage that is within the Bali Provincial Forestry and Environment Service. In this regard, the purpose of this study is to reveal the health and safety insurance for cleaners in the Bali provincial forestry office and the government 's legal protection on guaranteeing the implementation of occupational health and safety for cleaners at the Bali Provincial Forestry and Environment Service. This research method is empirical legal research. Primary data is obtained through field research, secondary data is obtained from books, laws and regulations. The legal materials obtained are then classified and combined as well as analyzed systematically and presented descriptively. This study concludes that the regulation regarding health insurance for workers in the Bali Provincial Forestry Service is in accordance with the regulations stipulated by Law no. 13 Year 2003.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals Authority of Regional Governments in Developing Investment in the Regional Investment

2019 ◽  
Vol 16 (1) ◽  
pp. 22
Author(s):  
Salle Salle ◽  
Lusiana Lusiana ◽  
La Ode Husen
Keyword(s):  
Legal Protection ◽  
Scientific Activity ◽  
Regional Government ◽  
Legal Research ◽  
Foreign Investors ◽  
Is Research ◽  
Regional Investment ◽  
Regional Governments

This research conducted with the aim of 1) To find and analyze the arrangements for the entry of foreign investors in investment in Indonesia, and 2) To find, analyze and develop the authority of the Regional Government in developing investments in regional investment. Legal research is a scientific activity, which is based on certain methods, systematics and thoughts that aim to learn something or some symptoms of a particular law, by analyzing it. In this case the research conducted by the author is research on legal protection of foreign investors in investment according to the Indonesian system.

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