scholarly journals Конституционные Права Работников На Правовую Защиту И Определенность (Constitutional Rights of Workers in Obtaining Protection and Legal Certainty)

2020 ◽  
Vol 7 (9) ◽  
pp. 843-854
Author(s):  
Nur Rohim Yunus ◽  
Annissa Rezki ◽  
RR Dewi Anggraeni

Abstract:There are so many conflicts between companies and workers, and these conflicts often end up in court. At certain moments workers are declared winners and the company is obliged to pay the right to obligations as a provider of labor. Workers hope to receive all rights and be protected by law which can overshadow and protect the existence of workers, both individually and as a group. This research uses descriptive qualitative research methodology and refers to the 1945 Constitution of the Republic of Indonesia as the main legal foundation and other laws and regulations.Keywords: Legal Protection, Constitutional Rights, Workers' Rights Аннотация:Существует много конфликтов между компаниями и работниками, и эти конфликты часто заканчиваются в суде. Бывают случаи, когда работники объявляются победителями, и компания обязана оплачивать права по обязательствам как работодатель. Рабочие надеются получить все свои права и быть защищены законом как индивидуально, так и в составе группы. В этом исследовании используется описательно-качественная методология исследования и упоминается Конституция Индонезии 1945 года в качестве основного правового закона и другие законодательные акты, представленные ниже.Ключевые слова: Правовая защита, Конституционные права, Права работников

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nayli Suroya

This article explains the development of the French government system and the division of executive power between President de la République and Premier Ministre after the change from the fourth constitution to the fifth constitution of the republic. This research applies a qualitative research methodology using a historical approach. The results of this study show that France is one of four countries implementing a mixed government system. The President and the Prime Minister, who are the executive authorities, should both lead the country. The role of the President and the Prime Minister may seem similar, but it is not the same. The President has the authority to elect the Prime Minister. Based on article 8 of the fifth constitution, the President has the right to elect and appoint the Prime Minister and terminate him/her if the concerned person declares his/her resignation from his/her government.


2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.


2019 ◽  
Vol 15 (4) ◽  
pp. 858
Author(s):  
Muhammad Reza Winata ◽  
Intan Permata Putri

Jaminan konstitusi terkait hak konstitusional untuk mendapatkan pekerjaan dalam Pasal 28D ayat (2) UUD NRI 1945 dan hak konstitusional untuk membentuk keluarga dalam Pasal 28B ayat (1) UUD 1945 telah dibatasi dengan adanya ketentuan Pasal 153 ayat (1) huruf f Undang-Undang No 13 Tahun 2003 tentang Ketenagakerjaan. Keberadaan perjanjian kerja menghalangi hak pekerja untuk menikah dalam satu institusi karena pekerja harus mengalami pemutusan hubungan kerja untuk dapat melaksanakan haknya membentuk keluarga yang sebenarnya dijamin dalam konstitusi dan peraturan perundang- undangan. Pengujian Pasal 153 ayat (1) huruf f UU No 13 Tahun 2003 dalam Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017 telah menyatakan frasa "kecuali telah diatur dalam perjanjian kerja, peraturan Perusahaan, atau perjanjian kerja bersama" bertentangan dengan UUD 1945. Artikel ini hendak menjawab kekuatan mengikat dan akibat hukum putusan, sekaligus Penegakan putusan dengan memetakan penyelesaian terkait peraturan perundang-undangan dan perjanjian kerja yang tidak tidak sesuai dengan putusan dan bertentangan dengan prinsip kebebasan berkontrak. Penelitian ini didasarkan pada penelitian kualitatif, dimana sumber analisis yakni Putusan MK terkait permasalahan yang diangkat, peraturan perundang-undangan, buku dan artikel ilmiah. Artikel ini hendak memetakan penyelesaian yang sesuai terkait kepada perjanjian kerja yang tidak menjamin hak pekerja yang dijamin dalam konstitusi, serta bertentangan dengan prinsip kebebasan berkontrak. yakni: pertama, penyelarasan peraturan perundang undangan di bawah Undang-undang judicial review di Mahkamah Agung, kedua, penyelesaian perselisihan hak melalui Pengadilan Hubungan Industrian yang akan menguji penegakan putusan dalam perjanjian kerja, peraturan perusahaan, atau perjanjian kerja bersama.The constitutional guarantee regarding constitutional rights to obtain employment in Article 28 D paragraph (2) of the 1945 Constitution of the Republic of Indonesia and the constitutional rights to form a family in Article 28 B paragraph (1) of the 1945 Constitution has been limited by the provisions of Article 153 paragraph (1) letter f Law No. 13 of 2003 concerning Labor. The existence of a work agreement prevents the right of workers to get married in one institution because workers must experience termination of employment to be able to exercise their rights to form a family which is actually guaranteed in the constitution and legislation. Testing Article 153 paragraph (1) letter f of Law No. 13 of 2003 in the Decision of the Constitutional Court Number 13/PUU-XV/2017 has stated the phrase "except as stipulated in work agreements, company regulations, or collective labor agreements" contrary to the 1945 Constitution. This article is about to answer the binding and consequent legal power of the decision, as well as Enforcement of decisions by mapping out solutions related to legislation and work agreements that are not incompatible with decisions and are contrary to the principle of freedom of contract. This research is based on qualitative research, where the source of analysis is the Constitutional Court Decision related to the issues raised, legislation, scientific books, and articles. This article intends to map appropriate solutions related to work agreements that do not guarantee workers’ rights guaranteed in the constitution, as well as contrary to the principle of freedom of contract. namely: first, alignment of legislation under the judicial review law in the Supreme Court, secondly, settlement of rights disputes through the Industrial Relations Court which will test enforcement of decisions in work agreements, company regulations, or collective labor agreements.


2019 ◽  
Vol 7 (2) ◽  
pp. 396-406
Author(s):  
Chaibou Issoufou ◽  
Naziruddin Abdullah

Purpose of Study: In the modern Islamic financial products and services, legal guarantee is becoming increasing important in the structuring of products, particularly those used in the investments. As a result of the increasing importance of the concept of guarantee, this paper specifically revisits the conceptual analyses of legal guarantee in Islamic law with a view to providing the basis for the use of this concept in structuring relevant Shari‘ah-compliant products. Methodology: The study adopts a comparative legal analysis of the views of classical Muslim jurists. The researchers examine the principles relating to guarantee, such as the meaning of guarantee, its authority, its pillars and conditions. Other principles include modes of guarantee and its objective.  The paper also examines the principles and terms of guarantee necessitates an assessment of the effect of the guarantee contract on the contracting parties, particularly whether the guarantor has the right of recourse to the guaranteed person for a refund. The researchers adopt qualitative research methodology to analyse and examine the data. Results: It was found that although guarantee is permissible in Islamic law, it is not absolute. In fact, to make it more Islamically acceptable or Shari’ah compliant there are other terms and conditions that the contract has to fulfil especially by the guarantor, guaranteed person as well as guaranteed asset. Results: Legal Guarantee is permissible in Islamic law to prevent harm that may happen to the traders and investors, and protect the public interest.  Classical and contemporary Muslim scholars’ views are that guarantee is not limited to guarantee for debt, but extended to the guarantee for other commercial transactions like guarantee of future liability and physical punishment.  Guarantee has its own pillars and conditions, which should be met in order for a guarantee contract to be a valid one. The researchers suggest to conduct empirical research in order to have a clear picture on the concept of legal guarantee for structuring Islamic financial products.


2019 ◽  
Vol 2 (3) ◽  
pp. 558-570
Author(s):  
Moch Thariq Shadiqin

The use of foreign workers in Indonesia is increasingly in demand by companies. The Ministry of Manpower of the Republic of Indonesia (Kemnaker) noted that throughout 2016 there were 74,183 TKA in Indonesia). The Foreign Workers are to meet the needs, skilled and professional workforce in specific fields that cannot yet be filled by workers, Indonesia and to encourage the transfer of knowledge and technology. With the normative juridical case approach method, this study conducted to analyze how legal certainty and justice related to regulation. The 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. Consequently, citizens have the right to receive compensation and fair treatment in employment relations and the state has the constitutional responsibility to guarantee the fulfilment of the right to work (TKI) and Foreign Workers (TKA) to create legal certainty and legal protection between them.Keywords : Legal Protection, Foreign workers, Principle of Certainty and Justice. AbstrakPenggunaan tenaga kerja asing di Indonesia semakin banyak diminati oleh perusahaan. Kementerian Ketenagakerjaan Republik Indonesia (Kemnaker) mencatat bahwa sepanjang tahun 2016 terdapat 74.183 TKA di Indonesia. Tenaga Kerja Asing tersebut adalah untuk   memenuhi kebutuhan, tenaga kerja yang terampil dan professional di bidang tertentu yang belum dapat diisi oleh tenaga kerja, Indonesia serta mendorong alih ilmu dan teknologi. Dengan metode pendekatan kasus yang bersifat yuridis normative, penelitian ini dilakukan untuk menganalisis tentang bagaimana kepastian dan keadilan hukum terkait regulasi. Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyebutkan bahwa setiap warga negara berhak atas pekerjaan dan hidup yang layak. Konsekuensinya, warga negara berhak untuk mendapat imbalan dan perlakuan yang adil dalam hubungan kerja dan negara memiliki tanggung jawab konstitusional untuk menjamin terpenuhinya keseimbangan hak atas pekerjaan Tenaga Kerja (TKI) dan Tenaga Kerja Asing (TKA) guna tercipta perlindungan kepastian dan keadilan hukum di antara keduanya.Kata Kunci : Perlindungan Hukum, Tenaga Kerja Asing, Asas Kepastian dan Keadilan.


2014 ◽  
Vol 2 (2) ◽  
pp. 89
Author(s):  
Abdul Sani

‘Pasugihan’ of Banjar people (getting wealth by unusual ways) intended in this paper is three prototypes. First, the wealthy Banjar people (wealth and money). But, they get it through the ‘left-way’, which maintains genies (genie mating), spirits (tuyul), stealth swine (Babi ngepet), usues Kuyang oil, and etc. Second, they take the wealth through the ‘right-way’, which gets the wealth by doing Islamic ritual, such as fasting and reading sura Waqiah, doing Dhuha prayer, reading sura Alfatihah, even combining with Lailatul Qadr. This group also includes its own myth in society’s view of Banjar people. Third, the rich people who gets the wealth mythology irrational and rational. Most of this paper is the result of qualitative research methodology by relying interview techniques.


2021 ◽  
Vol 2 (1) ◽  
pp. 37-48
Author(s):  
Disa Soraya

In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object of guarantee rights of security rights, and legal protection for bank customers for auction that does not match the value of a collateral object. This study uses an empirical juridical method by conducting literature studies and interviews with informants. The research and discussion results found that: First, the implementation of the mortgage right execution auction can be used as an alternative when bad credit occurs as a result of the customer (the debtor) in default to his creditor. The Bank, as the creditor, has the right to collect receivables from the sale of the object of the mortgage, which is guaranteed by an auction mechanism following the provisions of Law Number 4 of 1996 concerning Mortgage Rights for Land and Other Objects Related to Land. Mortgage rights in the credit agreement have a function to provide a sense of security for creditors in case of default by the debtor through the mortgage’s execution. Second, the limit value’s determination must be determined based on an appraiser’s assessment. So that if the determination of the limit value is so low, it can be used as one of the reasons for the auction’s cancellation. This is based on the provisions of Article 43 and Article 44 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Instructions for Conducting Auctions. Third, as a guarantee of legal protection for customers, if there is a loss due to implementing an auction that is not based on applicable legislation.


Author(s):  
Siska Diana Sari

The protection of aesthetic beauty clinic patients is important because of the increasing number and development of beauty clinic businesses, and the emergence of many problems and cases related to its implementation, as a result of implementing actions that are not in accordance with the relevant laws and regulations. This raises the need for protection against health risks arising from losses for services in beauty clinics that are not in accordance with statutory regulations in the field of health law and consumer protection law. The state is obliged to provide protection related to the implementation of constitutional rights to legal protection and the right to health, so that beauty clinic business actors obey all applicable regulations related to its implementation, increasing the responsibility as a business actor towards its consumers. In reality, the phenomenon of this beauty clinic case is like an iceberg, large but not visible on the surface, because the majority of patients from the middle to upper economic class feel ashamed and do not want to bother reporting it, ideally organizing aesthetic beauty clinics is based on applicable laws and regulations. The state must be able to provide legal certainty and protection to aesthetic beauty clinic patients with good regulatory and institutional and risk litigation. Keywords: aesthetics; protection; law; patients; clinics


2017 ◽  
Vol 1 (2) ◽  
pp. 55
Author(s):  
Ferry Irawan Febriansyah

Globalization era forms society character being advanced. People often do buying and selling activities in an easy way, which is in the form of buying and selling goods in the internet or online. It is called as online commerce or e-commerce. Using online-commerce, people do not need to go out to spend their time buying for their living goods. Online-commerce facilitates people easily in trading. Saving time is becoming a reason for them to do online commerce. The method used in online-commerce is almost the same as offline commerce. Online commerce offers a lot of convenience for both sellers and buyers in transaction. This certainly has a lot of convenience, but it also has weaknesses in online transactions. For consumers, they get less-notice for protection so that online-commerce has a lot of weaknesses in this case. The Unitary State of the Republic of Indonesia is a legal state that protects the whole of Indonesia's blood spill. The State becomes a protector of its citizens in the context of consumer protection. The law has arranged that consumers also have protection in order not to cause any harm in transaction. Both offline and online transactions are regulated by consumer protection laws because these laws are intended to protect consumers in buying and selling transactions. In the law number 8 of 1999 concerning Consumer Protection is mentioned in article 1, paragraph 2, that the Customer is any user of goods and/ or services available in the community, whether for self-interest, family, other people or other living beings and not to be traded, whereas in Article 1 paragraph 1 mentioned, Consumer protection is any effort that ensures the legal certainty to give to the consumer. There are several consumer rights protected by law, such as, in article 4 of the consumer protection law including, the right to convenience, security and safety in consuming goods and / or services, the right to choose goods and/ or services and right to obtain goods and/ or services in accordance with exchange rates and the promised conditions and warranties, the right to true, clear and honest information about the conditions and warranties of goods and / or services, the right to be heard and to complain of goods and / or services used, the right to advocacy, protection and appropriate dispute resolution of consumer protection, the right to counsel and education of consumers, the right to be treated or served properly and honestly and non-discriminatively, the right to compensation and / or reimbursement , if the goods and / or services received are not in accordance with the agreement or not as appropriate, and the last is the rights set in the provisions of other legislation.The consumers’ rights that have been regulated in the law are providing legal protection to the consumer either online transaction or offline transactions. Based on the law of protection to the consumer in the context of online-commerce, the consumers can apply this law to sue their rights that have been mandated in the law as a form of legal protection to consumers.


2019 ◽  
Vol 13 (2) ◽  
pp. 113
Author(s):  
Pham Thi Thu Hien

Twitter and Microblogging are two separate entities but completes each other. Both of them can be used as language learning tools and their potential has been proved by several scholars. This study tries to examine students’ experiences in integrating microblogging with twitter. It is also study about the beneficial roles of microblogging with Twitter in language learning, its relation to writing, and its appropriateness in language learning. This study employs a qualitative research methodology, and case study as its research design. Semi-structured interviews and questionnaires were employed in this study to find out about participants' views about microblogging and Twitter. From this study, it can be concluded that the participants of the study underwent various experiences during the implementation of microblogging with Twitter. They also felt that microblogging with Twitter at some point advantages them to systematically arrange their ideas, and allows them to choose appropriate diction of their ideas. They also stated that Twitter can be an appropriate means in language learning, especially in English writing<em>.</em>


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