scholarly journals PAYMENT OF WAGE UNDER MINIMUM WAGE FOR ABDI DALEM SULTAN PALACE (DAERAH ISTIMEWA YOGYAKARTA)

2019 ◽  
Vol 7 (3) ◽  
pp. 52-58
Author(s):  
Asri Wijayanti ◽  
Aniqotun Nafiah
Keyword(s):  
Minimum Wage ◽  
Employment Relationship ◽  
Working Relationship ◽  
Legal Research ◽  
The Law ◽  
The Right

Purpose of Study: The compensation for running a job is to get wages. There is one form of wage protection through minimum wage. The fact is, there are still workers who have not earned a minimum wage of minimum wage after they run their jobs. One of them is the court palace of Yogyakarta Palace. This study aims to analyze the validity of the court servants in getting wages below the minimum wage. Methodology: This legal research uses a socio-legal approach. The result of this research is Abdi Dalem get wages in the form of “kecuca” which amount is less than the minimum wage of Yogyakarta Province. Sultan Hamengkubuana X should be prosecuted for violation of Article 90 paragraph (2) jo. Article 187 of Law Number 13  Year  2003.  The right to prosecute of the courtiers has never been implemented because the working relationship between the courtiers and the Sultan is devotion. The sense of service is the soul of the agreement on which the working relationship is based. What has been agreed upon by the parties binding as the law for the party making it (Article 1338 B.W. Burgerlijkwetboek). Results: The significance of this research is that the principle of local wisdom which is the basis of working relations can be unleashed. Implications/Applications: The contribution of this research is the emergence of an understanding that the employment relationship is not solely aimed at earning wages. A sense of tranquility after work becomes the choice of the destination of the courtiers to serve the Sultanate of Yogyakarta.

UPAYA HUKUM TERHADAP ORANGTUA YANG TIDAK MELAKSANAKAN KEWAJIBAN ALIMENTASI DALAM PERSPEKTIF PERLINDUNGAN ANAK

2019 ◽  
Vol 7 (2) ◽  
pp. 307
Author(s):  
Tyas Sekar Mawarni ◽  
Anjar Sri Ciptorukmi Nugraheni
Keyword(s):  
Child Protection ◽  
Theoretical Studies ◽  
Cost Of Living ◽  
Legal Research ◽  
Conceptual Approach ◽  
Family Problems ◽  
The Law ◽  
The Right ◽  
Legal Substances

<p>Abstract</p><p>The purpose of this study is to explain the legal efforts that can be done if the parents do not implement the obligation of alimentation in the perspective of child protection. The method used is the method of legal research normatif (legal research), with the approach of the law (statute approach) and conceptual approach (conseptual approach). The legal substances used in this study include primary and secondary legal materials. The results of this study explain the parental remedies that do not carry out alimentation obligations in theoretical studies can be done by litigation or court and non-litigation or out of court. However, for non-litigation settlement in Indonesia is not yet available for family problems. Legal efforts through litigation may include the filing of livelihood rights and the execution of a permanent judge’s decision regarding the right of alimentation (cost of living).</p><p>Keywords: Legal effort;alimentation obligation; child; and child protection.</p><p> </p><p>Abstrak</p><p>Tujuan penelitian ini ialah untuk menjelaskan upaya hukum yang dapat dilakukan apabila orangtua tidak melaksanakan kewajiban alimentasi dalam perspektif perlindungan anak.Metode yang digunakan ialah metode penelitian hukum normatif (legal research), dengan pendekatan undang-undang (statute approach) dan pendekatan konseptual (conseptual approach).Bahan hukum yang dipergunakan dalam penelitian ini meliputi bahan hukum primer dan sekunder.Hasil penelitian ini menjelaskan mengenai upaya hukum orangtua yang tidak melaksanakan kewajiban alimentasi secara kajian teoritis dapat dilakukan dengan litigasi atau pengadilan dan non-litigasi atau di luar pengadilan.Namun, untuk penyelesaian melalui nonlitigasi di Indonesia belum difasilitasi Negara Mengenai masalah keluarga. Upaya hukum melalui Litigasi dapat berupa pengajuan hak nafkah dan eksekusi putusan hakim yang berkekuatan tetap mengenai hak alimentasi (biaya nafkah).</p><p>Kata Kunci: Upaya hukum; kewajiban alimentasi;anak;dan perlindungan anak.</p>

scholarly journals TAFSIR HUKUM KLAUSUL “TANPA HAK” DALAM PASAL 2 UNDANG-UNDANG DARURAT NO. 12 TAHUN 1951 TENTANG MENGUBAH "ORDONNANTIE TIJDELIJKE BIJZONDERE STRAFBEPALINGEN" (STBL. 1948 NOMOR 17) DAN UNDANG-UNDANG REPUBLIK INDONESIA DAHULU NOMOR 8 TAHUN 1948

Yurispruden ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 42
Author(s):  
Agung Hartawan
Keyword(s):  
Legal Research ◽  
The Law ◽  
The Right

AbstractThis paper aims to find out, understand and analyze the "no rights" clause of the use of sharp weapons stipulated in Emergency Law No. 12 of 1951. To answer the problems in this paper, the author uses normative legal research using the method of approach to legislation. The results of research in the right "use of sharp weapons regulated in the Act. So that the interpretation given in this journal for the "no rights" clause that can be threatened with criminality is the use without any interest. The purpose of having the right of interest in the use of sharp weapons regulated in the law is the use of sharp weapons as the legitimacy of a job, agriculture and heirlooms. The use of sharp weapons outside of these interests will be threatened with criminality.Key words : Without Rights, Sharp Weapons AbstrakTulisan ini bertujuan untuk mengetahui, memahami dan menganalisis klausul “tanpa hak” penggunaan senjata tajam yang diatur dalam UU Darurat No. 12 Tahun 1951. Untuk menjawab permasalahan dalam tulisan ini , penulis menggunakan penelitian hukum normatif dengan menggunakan metode pendekatan peraturan perundang-undangan. Hasil penelitian dalam  hak” penggunaan senjata tajam yang diatur dalam UU. Sehingga tafsir yang diberikan pada jurnal ini atas klausul “tanpa hak” yang dapat diancam pidana adalah penggunaan tanpa ada kepentingan. Adapun maksud yang memiliki hak kepentingan penggunaan senjata tajam yang diatur dalam UU seperti penggunaan senjata tajam sebagai sahnya suatu pekerjaan, pertanian dan benda pusaka. Penggunaan senjata tajam diluar kepentingan tersebut akan terancam pidana.Kata Kunci : Tanpa Hak, Senjata Tajam

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals Pertanggungjawaban Hukum Praktik Tukang Gigi Yang Melebihi Wewenangnya

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Devi Dharmawan ◽  
Ivonne Jonathan
Keyword(s):  
Consumer Protection ◽  
Health Personnel ◽  
Criminal Code ◽  
Legal Research ◽  
Is Research ◽  
Consumer Protection Act ◽  
The People ◽  
The Law ◽  
The Right ◽  
Legal Consequences

Background: The public's lack of understanding of the different professions of dental artisans, dental technicians, and dentists has an impact on the practice that exceeds the authority carried out for years without any legal consequences borne by dental artisans. Although the regulations concerning work that can be done by dental artisans have been clearly explained in Permenkes No. 39 of 2014 this is still violated by dental artisans. In this case, the people are victims because of ignorance and high local wisdom in certain areas. Method: This study uses a type of normative juridical legal research. Normative legal research is research that focuses its study by viewing the law as a whole system rule which includes a set of principles, norms, and rules of law, both written and unwritten. Results: Giving the right to claim compensation to the patient is an effort to provide protection for each patient for a result that arises both physically and non-physically due to a mistake or negligence by health personnel. Conclusion: Dental workers can be charged with the Criminal Code article 359, 360, 361, namely whoever is due to his mistake (negligence) causes other people to be injured, severely disabled, or even die. In addition, the Consumer Protection Act No.8 of 1999 Article 4 of the Consumer Protection Law has the right to comfort, security and safety in consuming goods and/or services that can be used.

scholarly journals LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION

2020 ◽  
Vol 7 (3) ◽  
pp. 211
Author(s):  
Haingo Rabarijaona ◽  
Devina Arifani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Employment Relationship ◽  
Legal Research ◽  
Severance Pay ◽  
Legal Norms ◽  
Technological Advances ◽  
The Law ◽  
The Impact ◽  
Modern Era

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.

scholarly journals Towards a fair hearing for all employees: A case of probationary employee's in Kenya and the right to be heard prior to dismissal

Obiter ◽  
2021 ◽  
Vol 41 (3) ◽  
pp. 555-572
Author(s):  
Johana K Gathongo
Keyword(s):  
Due Process ◽  
Employment Relationship ◽  
Labour Relations ◽  
The Status ◽  
Labour Practice ◽  
Contract Of Employment ◽  
The Law ◽  
Labour Legislation ◽  
The Right ◽  
Newly Hired

An employer may require a newly hired employee to serve a reasonable period of probation to establish whether or not his or her performance is of an acceptable standard before permanently engaging the employee. Even so, the current provisions relating to termination of probationary employees under the Employment Act, 2007 (EA) remains a source of concern. Currently, an employer may terminate the employment of a probationary employee at will and without affording such employee an opportunity to be heard. The status quo has received firm approval by the Employment and Labour Relations Court accentuating that employers are immune from claims of unfair termination of a probationary employee. This article argues that for termination to be considered procedurally fair whether during a probation period or not, it should be preceded by an opportunity for an employee to state a case in response to the charges levelled against him or her. This article highlights that all laws in Kenya, including the EA are subject to the Constitution, particularly article 41(1) of the Constitution which guarantees “every person” the right to fair labour practice. Equally, article 27 of the Constitution states that everyone is equal before the law and has a right to equal protection and benefit of the law. Allowing employers’ the freedom to terminate employment without following due process certainly open up the floodgates for abuse of the primary purpose of probation. The mere fact that a contract of employment is labelled as “probationary contract” should not be used as a licence by employers to erode the constitutionally entrenched labour rights. The primary purpose of any good law is to advance the achievement of equity and fairness at the workplace. This can only be achieved by protecting vulnerable and marginalised employees such as probationary employees who participate in unpredictable forms of employment. This article maintains that prominence should be on the existence of an employment relationship and fair labour practice as opposed to the existence of a conditional contract of employment. The existence of an employment relationship should serve as the main “port of entry” through which all employees access the rights and protection guaranteed by labour legislation.

scholarly journals EKSISTENSI KHIYAR DALAM UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI TOKO MODERN (Analisis Hukum Ekonomi Syariah)

2016 ◽  
Vol 15 (1) ◽  
pp. 69
Author(s):  
Rahmatul Huda
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Right

Indonesia is a country that is predominantly Muslim, so that Muslim consumers certainly get the protection of the goods and/or services in accordance with Islamic law. Because the protection of the rights of every citizen of Indonesia. Khiyar is one form of consumer protection in Islam. Surely, khiyar as one of the forms to protect the rights of Muslim consumers are contained in the Consumer Protection Law. This thesis aims to determine: (1) Existence khiyar in Law No. 8 of 1999 on Consumer Protection, and (2) Analysis of the existence of khiyar in Law No. 8 of 1999 on Consumer Protection. This research is a normative law (normative legal research), namely legal research conducted by examining the legal material. The approach taken in this study is the statute approach and the conceptual approach. Based on the method used produced the conclusion that the existence khiyar in Law No. 8 of 1999 on Consumer Protection, contained in article 4, which khiyar aib and khiyar syarath with the right to safety (article 4 letter a), khiyar majlis and khiyar ta'yin with the right to choose (article 4 letter b), khiyar tadlis and khiyar aib with the right to be informed (article 4 letter c and h), and khiyar ru'yah with the right to be heard (article 4 letter d ). Existence khiyar in article 4 of the Law No. 8 of 1999 on Consumer Protection in terms of the Islamic economic law in accordance with the rules of fiqh, maqasid shari'ah, and fiqh.

scholarly journals KAJIAN HUKUM JAMINAN HAK TANGGUNGAN YANG DILELANG TANPA PROSES PERMOHONAN LELANG EKSEKUSI KE KETUA PENGADILAN NEGERI

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 125
Author(s):  
Catur Budi Dianawati ◽  
Amin Purnawan
Keyword(s):  
Descriptive Analysis ◽  
Problem Formulation ◽  
Human Condition ◽  
District Court ◽  
Legal Research ◽  
Legal Consequence ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The facts on the field showed that the creditors often conducted public auction without first applying to the Chairman of the District Court, yet directly to the auction office made under article 6 of law number 4 year 1996 about mortgage right upon land and things related to it. The following were the problem formulation of the study; (1) how should the procedure for public auction be made according on the law number 4 year 1996 about mortgage right upon the land and things related to it? (2) Why did the creditors auction the guarantee of the dependent right without experiencing the process of proposing the permit for the auction to the Chairman of the District Court? (3) What would the legal consequences be towards the guarantee of the mortgage right auctioned without the process of getting the permit from the Chairman of the District Court?Method used in this study was adopted from the approach of juridical empirics (empirical legal research). The collected data were processed and verified using descriptive analysis to which it is frequently intended to research for human, condition and other phenomena.Based on the result in this study and the result from discussion about the procedure of public auction towards the guarantee of mortgage rights according to the law Number 4 Year 1996 about mortgage rights upon land and things related to it to which it is arranged in the provision of article 26. It is observed that as long as there is no rules of legislation specifically governs the execution of mortgage rights, the procedure of this execution should comply with hypothec execution as arranged in article 224 in the refurbished Indonesia Regulation (Het Herziene Indonesisch Reglement/HIR). Article 6 of the law Number 4 Year 1996 about mortgage right upon land and things related to it where it gives the right to the creditors holding the first mortgage right to sell the object on his own power, in case, the debtors violates the commitment, became the reasons why they auctioned the guarantee of the right without proposing the permit for the auction to the Chairman of the District Court. The legal consequence towards the guarantee of the mortgage right auctioned without experiencing the process of proposing the permit for the auction to the Chairman of the District Court was null and void. Keywords         : Guarantee of Mortgage Right, Public Auction, Chairman of District Court

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