scholarly journals Legal Certainty for the Provision of Employee Services as the Intent of Protection of Labor Rights based on Labor Rights and Its Implementation in PT. Semen Padang

2020 ◽  
Vol 7 (6) ◽  
pp. 568
Author(s):  
Robie Brilliando Sukanda ◽  
Khairani Khairani ◽  
Yussy Adelina Mannas
Keyword(s):  
Service Providers ◽  
Legal Protection ◽  
Court Decision ◽  
Labor Rights ◽  
Constitutional Court ◽  
Exploratory Research ◽  
Negative Consequences ◽  
Labor Costs ◽  
Business Policy ◽  
Applicable Law

Outsourcing was born as a side effect of the implementation of business process reengineering (BPR). Another problem that arises from outsourcing practices is the elimination of labor rights by employers. Based on the Constitutional Court Decision (MK Decision No. 27 / PUU-IX / 2011), the Court emphasized that Outsourcing is a reasonable business policy of a company in the context of business efficiency. However, workers who carry out work in an outsourcing company may not lose their rights which are protected by the constitution. Following up on the Constitutional Court Decision, the Ministry of Manpower and Transmigration has issued Circular Letter Number B.31 / PHIJSK / I / 2012 concerning Implementation of the Constitutional Court Decision Number 27 / PUU-IX / 2011 dated January 17, 2012. Based on this, there are 3 (three ) The legal issues that the author will examine are: (1) How is the suitability of the implementation of the provision of worker services at PT. Semen Padang with the applicable law; (2) How to fulfill workers' rights in the implementation of Worker Service Provision at PT. Semen Padang; and (3) What are the negative and positive consequences of the implementation of the Provision of Worker Services on workers' rights at PT. Semen Padang. This exploratory research reveals how the application of legal norms from Law Number 13 of 2003 concerning Manpower and Regulation of the Minister of Manpower and Transmigration Number 19 of 2012 concerning Requirements for Submission of Part of Work Implementation to other companies at PT. Semen Padang. From the results of the study concluded that: (1) Implementation of the provision of employee services at PT. Semen Padang has not complied with the applicable law. On the one hand, PT. Semen Padang has implemented the provisions of Article 66 paragraph (3) of the Manpower Act. PT. Semen Padang has set one of the most basic requirements, namely the vendor must have an Operational Permit (SIO) for Manpower Providers issued by the Department of Manpower (Disnaker) of West Sumatra Province. PT Semen Padang has also complied with the provisions of Article 17 Paragraph (3) of the Regulation of the Minister of Manpower and Transmigration No. 19 of 2012. On the other hand, PT. Semen Padang still uses worker service providers for jobs that are not regulated in Article 17 of the 2012 Minister of Manpower Regulation or even doing work that should be done by employees of PT Semen Padang itself; (2) The fulfillment of the rights of outsourcing workers at PT Semen Padang has been carried out quite well, where this can be proven by PT Semen Padang providing legal protection to Outsourcing Workers through the Decree of the Board of Directors of PT.Semen Padang No. 0000143 / HK.00.02 / SKD / 50003853/3000 / 12.2017 dated 21 December 2017 concerning Changes in the Value Structure of PT Semen Padang's Outsourcing Labor Contract, and (3) Implementation of Provision of Worker Services at PT. Semen Padang has negative consequences and positive consequences. The negative consequence is the high level of jealousy of the outsourcing workers towards organic workers, both in terms of the type of work performed, the uniforms worn, and differences in workers' rights. One of the positive consequences of employing outsourcing workers, labor costs can be reduced in one way through the provision of worker services.

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

2021 ◽  
Vol 3 (1) ◽  
pp. 12-21
Author(s):  
Soleh Hasan Wahid ◽  
Harum Mudrikah Mahsun
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Literature Study ◽  
Breach Of Contract ◽  
Library Research ◽  
Security Holder ◽  
Approach Method ◽  
Data Collection Technique ◽  
Research Type

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals DISKURSUS SOSIOLOGI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010

2021 ◽  
pp. 236-246
Author(s):  
Dwi Sakti Muhamad Huda ◽  
Dodi Alaska Ahmad Syaiful ◽  
Desi Wahyuni
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Reason ◽  
Kinship System ◽  
The Republic ◽  
The Right ◽  
Sociological Discourse ◽  
The Impact ◽  
Broad Scale

The Constitutional Court Decision Number 46 / PUU-VIII / 2010 annulled the provisions of Article 43 paragraph (1) of the Marriage Law because it contradicts the 1945 Constitution of the Republic of Indonesia and does not have binding legal force. The legal reason behind the rechtfinding is to emphasize that children born outside of marriage have the right to legal protection. This research was conducted with the aim of knowing the impact of the Constitutional Court Decision Number 46 / PUU-VIII / 2010 on one of the judges' judicial duties. This study uses a socio-legal approach with data collection techniques for study documents of literature materials. Based on the results of the analysis of the Constitutional Court Decision Number 46 / PUU-VIII / 2010, it does not contradict and intersect with the sociological discourse in accordance with the argumentum a contrario method. Then have coherence between the parental or bilateral kinship system with the Constitutional Court Decision No. 46 / PUU-VIII / 2010 in its application in Indonesia. This condition demands the intellectuality of Judges who are required to think on a broad scale and consider other disciplines in their legal findings.

scholarly journals LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019

2021 ◽  
Vol 6 (2) ◽  
pp. 65-77
Author(s):  
Celina Tri Siwi Kristiyanti
Keyword(s):  
Economic Value ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Study Approach ◽  
Credit Agreement ◽  
Wheeled Vehicles ◽  
Legal Consequences

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value.  Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019.  The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.

scholarly journals UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA

2016 ◽  
Vol 3 (1) ◽  
pp. 86
Author(s):  
Dzanurusyamsyi Dzanurusyamsyi
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Science And Technology ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Law

In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.

scholarly journals PERLINDUNGAN HUKUM HAK-HAK LAINNYA NON UPAH PEKERJA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013

2019 ◽  
Vol 24 (2) ◽  
pp. 55
Author(s):  
Arben Di
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Worker Rights ◽  
Employment Agreement ◽  
Labor Agreement

AbstractThis research has purposes of knowing the interpretation of the supplementary worker rights definition after Constitutional Court Decision Number 67/PUU/XI/2013. This research has also purposes of knowing the preventive legal protection of the supplementary worker rights after the Decision of Constitutional Court No. 67/PUU-XI/2013. The results of this research are, firstly, the supplementary rights of worker are classified into: (a) normative, meaning that the supplementary rights which are provided and regulated by acts, such as severance payment, gratuity and compensative payment. (b) non-normative rights, meaning other rights are provided and regulated by the parties in accordance with the agreement in the employment agreement or collective labor agreement. Secondly, there are already legal protection of supplementary non-salary rights in Decision of Constitutional Court No. 67/PUU-XI/2013 but they are not completely protective because the supplementary rights of the worker are not included in separatist creditor payment.AbstrakPenelitian ini bertujuan untuk mengetahui, penafsiran definisi hak-hak lainnya dari pekerja/buruh Pasca putusan Mahkamah konstitusi Nomor 67/PUUXI/2013. Penelitian ini juga untuk mengetahui, perlindungan hukum preventif terhadap hak-hak lainnya dari pekerja/buruh Pasca putusan Mahkamah konstitusi Nomor 67/PUUXI/2013. Hasil penelitian ini adalah pertama, hak-hak lainnya pekerja/buruh dibagi menjadi: (a). bersifat normatif, adalah hak-hak lain yang diberikan dan diatur oleh Undangundang, misalnya uang Pesangon, uang penghargaan masa kerja, uang penggantian hak dan (b). Hak hak lainnya yang tidak bersifat normatif, berarti diberikan dan diatur oleh para pihak menurut kesepakatan baik dalam Perjanjian Kerja (PK) atau Perjanjian Kerja Bersama (PKB). Kedua, perlindungan hukum hak-hak lainnya dari pekerja/buruh Nomor 67/PUU-XI/2013 sudah ada namun tidak sepenuhnya terlindungi, dikarenakan hak-hak non upah pekerja/buruh dikecualikan pembayarannya oleh kreditur Separatis.

scholarly journals Information Systems and Management of Political Dynasty in the Constitution of Election in the Country of Indonesia in the Perspective of the State Constitution

Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 832-844
Author(s):  
Sugia ryo ◽  
Anita Trisiana
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Court ◽  
Applicable Law ◽  
State Constitution ◽  
General Elections ◽  
Pros And Cons ◽  
The Law ◽  
The Right

An information system is absolutely necessary in making logical decisions so that the policies developed are in accordance with the applicable law. This article discusses political dynasties from state constitutional law and human rights, whether constitutional or unconstitutional. This article uses a normative research method, which examines the law, the state constitution, and the Constitutional Court decisions related to political dynasties in the implementation of general elections. Political dynasties are a familiar thing in organizing general elections; political dynasties certainly reap the pros and cons. Still, as a legal state, Indonesia must also provide legal certainty regarding how the law views political dynasties. Basically, in this study, based on the rule of law and the state constitution, political dynasties are not unconstitutional; political dynasties do not violate the state constitution; with the prohibition on political dynasties, it is an unconstitutional act and violates human rights. The provisions of the Law on Human Rights prohibit the existence of political dynasties that do not prioritize human rights values, which are regulated in the Law on Human Rights; provide legal protection for every citizen has the right to vote and be elected in general elections. And stated firmly that political dynasties are prohibited, because they are not in line with the constitution and also the values of human rights.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KREDITOR DAN UPAYA NOTARIS MEMBUAT PERJANJIAN PERKAWINAN SETELAH PERKAWINAN

2019 ◽  
Vol 5 (2) ◽  
pp. 464-491
Author(s):  
Respati Nadia Putri ◽  
Sonny Dewi Judiasih ◽  
Nanda Anisa Lubis
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Court Decision ◽  
Constitutional Court ◽  
Normative Approach ◽  
Marriage Contract ◽  
Legal Consequence ◽  
Notary Public ◽  
Husband And Wife

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed.  The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties.  The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.

On the question of legal warranties when renewing at work

2020 ◽  
pp. 78-82
Author(s):  
Stanislav Kuksin
Keyword(s):  
Social Insurance ◽  
Legal Protection ◽  
The State ◽  
Labor Rights ◽  
Main Body ◽  
Negative Consequences ◽  
Human Right ◽  
Effective Performance ◽  
Effective System ◽  
The One

Problem setting. The article considers the legal guarantees for the re-employment of employees, their nature and significance, as well as draws attention to case law, in particular, states that employees who believe that their rights have been violated can go to court to protect it. It is emphasized that today the observance of legal guarantees of labor rights of citizens occupies one of the important places in the system of universal values and is a prerequisite for the formation of the state and society, which ensure the human right to a decent standard of living. Because, without an effective system of legal guarantees, it is impossible to ensure the unimpeded exercise of the rights granted to every citizen. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V.M. Andriyiv, S. Ya. Vavzhenchuk, O.O. Duma, M.I. Inshin, O.A. Sytnytska, O.V. Smirnov, O.M. Yaroshenko, and others. The purpose of the article is to explore the legal guarantees for the renewal of employees, their nature and significance. Article’s main body. Legal guarantees of labor rights when resuming employment are considered as a separate, independent, legal category, which is a set of general and special legislation means, methods and conditions of implementation, protection and protection from wrongful violations of labor rights, freedoms and interests of employees. It is noted that the reinstatement of an employee as a means of protection contributes to the return of his lost condition – the restoration of labor relations. Implementation of this measure in case of dismissal of an employee without legal grounds or in violation of the established procedure is ensured by the implementation of the law enforcement body of the state – the court – certain actions that are reduced to guaranteeing (compulsory security) the employee’s right to work. Conclusions and prospects for the development. It is concluded that the legal guarantees of labor rights during reinstatement are designed, above all, to minimize the negative consequences for employees, to prevent a decrease in the level of social and legal protection of employees. The presence of real guarantees, on the one hand, contributes to the quality and effective performance of their employment function, on the other – their availability ensures the appropriate level of legality and compliance with current regulations by the parties to the employment relationship.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HARTA DALAM AKTA PERJANJIAN KAWIN YANG DIBUAT OLEH NOTARIS BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 265
Author(s):  
Farida Novita Sari ◽  
Umar Ma’ruf
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Important Thing ◽  
The Law ◽  
Notary Public ◽  
Made In ◽  
Do So

The research on "Legal Protection of Treasures in the Deed of Marriage Agreement Made by Notary Public for Indonesian Moslems" has the purpose to know the protection of the law in the marriage certificate deed which has been made by notary especially for Indonesian citizen who is majority Moslem.Legal protection in a marriage bond is one important thing to protect the interests of each husband or wife. In a marriage bond there is something about a mixture of treasures or not. The absence of an assimilation of property is usually preceded by the making of a marriage agreement either before marriage, at the time of marriage or now it can be done after the marriage takes place, which is stipulated in the Constitutional Court Decision Number 69/2015. The marriage agreement itself may only be made by a Notary who has the authority to do so, as has been mandated by law and made in the form of an authentic deed so that the proof is fully valid and has a permanent legal proof.Keywords: Property, Marriage, Notary

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