scholarly journals IMPACT ON EMPLOYEES DURING PANDEMIC BASE ON LABOR SYSTEM PERSPECTIVE

1970 ◽  
Vol 21 (2) ◽  
pp. 175-186
Author(s):  
Suci Flambonita ◽  
Wahyu Ernaningsih ◽  
Vera Novianti
Keyword(s):  
Logical Consequence ◽  
Legal Protection ◽  
Conceptual Approach ◽  
System Perspective ◽  
Human Rights Protection ◽  
Basic Rights ◽  
Force Majeure ◽  
The Republic ◽  
The Government ◽  
Labor System

The fourth paragraph at the opening of the Constitution of the Republic of Indonesia states that the Government of the Republic of Indonesia is obliged to protect the entire Indonesian nation, promote the general welfare, and educate the nation's life which is a manifestation of the responsibility of the state which is obliged to create welfare for its people fairly and equitably equally. This constitutional mandate is spelled out in the form of regulations aimed at preventing injustice from the stronger party against the weaker party so that a just and peaceful society can be created. The method used to analyze this problem is through normative and empirical mix and match. The approach used in this study is a statute approach, conceptual approach, and case approach. Legal protection for workers is an obligation for the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The logical consequence of this mandate is the birth of the State's obligation to accommodate facilities and the widest possible opportunity for the community so that they can get a job as well as make it something worthy of humanity. Thus, the violation of basic rights guaranteed by the constitution is a violation of human rights. Protection of workers is regulated in Articles 67 to 101 of the Manpower Law, including those concerning wages and welfare. However, when faced with the COVID-19 pandemic situation, the company immediately provided a force majeure reason to avoid paying severance pay for workers/laborers affected by layoffs. The problem that occurs, in this case, is the termination of employment carried out by companies using force majeure reasons by companies in Indonesia unilaterally. Keywords: Impact, Employees, Pandemic

scholarly journals The Legal Protection for Female Workers in the Perspective of Islamic Law and Law No. 11 Year 2020 on Job Creation

2021 ◽  
Vol 2 (4) ◽  
pp. 524-534
Author(s):  
Ismail Koto ◽  
Ida Hanifah
Keyword(s):  
House Of Representatives ◽  
Islamic Law ◽  
Job Creation ◽  
Legal Protection ◽  
Literature Study ◽  
Conceptual Approach ◽  
Female Workers ◽  
The Republic ◽  
The Government ◽  
Special Rights

On Monday, 5 October 2020, the Draft Law on Job Creation was ratified by the House of Representatives of the Republic of Indonesia and the manuscript was signed by the government on November 3, 2020. Therefore, since November 3, 2020, the Draft Law on Job Creation promulgated in Law Number 11 Year 2020 on Job Creation. Based on the existing official text, the researcher intended to compare the rights of female workers as regulated in Law Number 13 of 2003 on Manpower with Law Number 11 of 2020 on Job Creation. The research method used in this study was a normative juridical research, with a statutory and conceptual approach, descriptive analytical research specifications, data collection by literature study, and qualitative data analysis. The protection of female workers as referred to in the previous labor law was still valid and was not discussed at all in Law Number 11 of 2020 on Job Creation. Therefore, it could be ascertained that the refusal of workers during the process of the Draft Law on Job Creation is wrong. The article which was amended related to the protection of female workers did not change the substance of the protection of female workers as previously regulated through Law Number 13 Year 2003 on Manpower. The Qur'an has been explained that people need to provide special rights for female workers. Explicitly, there is no verses in the Qur'an that mentioned the word 'special rights for female workers'. However, implicitly, there were general arguments based on the verses in the Qur'an that could be used as a basis for granting this right. Some of the special rights of female workers were implicitly communicated in Islamic teachings.

scholarly journals Legal Analysis of Fingerprint Formation in the Original Deed of Land Deed Official (PPAT)

2020 ◽  
Vol 7 (6) ◽  
pp. 135
Author(s):  
Siti Humaero Rukmana ◽  
Amiruddin Amiruddin ◽  
Sahnan Sahnan
Keyword(s):  
Research Methods ◽  
Government Regulation ◽  
Legal Protection ◽  
Legal Analysis ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Creation ◽  
The Republic ◽  
The Government ◽  
Legal Force

This research aims to analyze the formation of fingerprints in the deed of Land Deed official (PPAT). According to Government Regulation of the Republic of Indonesia number 24 of 2016 about the amendment of Government Regulation No. 37 of 1998 about department Regulation (PPAT) Land deed official. In the event that the fingerprint of the the appearers on this PPAT deed there is an empty norm, because in the Government Regulation of the Republic of Indonesia number 24 of 2016 about the amendment of Government Regulation No. 37 of 1998 on department rules Land deed Office (PPAT), not listed in the article on the formation of fingerprints on the original deed of PPAT. Apart from this, it is also questionable about the legal force of the The Appearers fingerprint on the PPAT deed in terms of providing legal protection to PPAT that prints fingerprints on the deed which is made. The problem is how the concept of fingerprint formation in the creation of the original deed of PPAT and what is the juridical implication on the formation of fingerprints in the original deed of PPAT. This research aims to determine the concept of fingerprint formation in the creation of the original deed of PPAT and to know the juridical implications for the formation of fingerprints in the original deed of PPAT. This method of research uses normative legal research methods. The approach used is the of approach, and the conceptual approach. The results of this study are the first the creation of fingerprints is only in accordance with law No. 2 of 2014 on the amendment of law No. 30 of 2004 on the Department of notary, found in article 16 paragraph (1) C which is "to attach letters and documents as well as fingerprint in the deed minuta", so that this rule only applies to notaries instead of PPAT. While in the regulation of the Department of PPAT, there is no rule on the formation of fingerprints in the PPAT deed but in practice many PPAT put fingerprints on the PPAT deed. To attach the appearer to the original deed PPAT aims to anticipate if a time when the complainers deny his or her signature to the original deed of PPAT, then as evidence for additional use of the appearer. So it should be made a provision or regulation of legislation that set it. Second according to the PPAT formation of fingerprints, of course, can be, in addition to no rules advocating, there are no rules that prohibit and there is no sanctions if a fingerprint in the PPAT deed, especially if the complainant does not feel the objection to fingerprint in the deed.

scholarly journals Initiating the Community Economic Improvement through Intellectual Property Registration of “Robusta Pinogu Coffee”

2018 ◽  
Vol 4 (1) ◽  
pp. 103
Author(s):  
Ibrahim Ahmad ◽  
Hasbir Paserangi
Keyword(s):  
Legal Protection ◽  
International Markets ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Good Reputation ◽  
Property Registration ◽  
The Republic ◽  
The Government ◽  
Empirical Approaches ◽  
Economic Improvement

Robusta Pinogu coffee was well known in both domestic and international markets, with production centers located in Pinogu subdistrict, Bone Bolango Regency, Gorontalo Province, Indonesia. It has unique flavor quality and good reputation in local, national and international markets. Its reputation tends to be counterfeited by irresponsible parties, which would harm producers and consumers of Robusta Pinogu coffee. Related to that, then “Masyarakat Indikasi Geografis Kopi Robusta Pinogu Bone Bolango” (MIG-KRPBB) be aware the need to have geographical indications for Robusta Pinogu coffee. Therefore, MIG-KRPBB submits for registration of geographical indication of Robusta Pinogu coffee to the Government of the Republic of Indonesia through the Ministry of Justice and Human Rights of the Republic of Indonesia based on the prevailing laws and regulations. This research was conducted in Bone Bolango Regency, Gorontalo Province. It is a legal research by using normative and empirical approaches. The results show that the Robusta Pinogu coffee in the market will be more secure than counterfeiting by parties who are not entitled to use the mark of Geographical Indication of Robusta Pinogu Coffee. however, it is expected to realize legal protection in the form of registration of geographical indication of Robusta Pinogu coffee for coffee farmer community so as to increase their economic level.

scholarly journals Pengaturan Keselamatan dan Keamanan Pelayaran di Perairan Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 382-387
Author(s):  
A. A. ayu Diah Uthari Pramesti ◽  
I Ketut Kasta Arya Wijaya ◽  
Desak Gde Arini
Keyword(s):  
Community Service ◽  
Natural Resource Management ◽  
Legal Protection ◽  
Security Requirements ◽  
Water Safety ◽  
Legal Research ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
The Government ◽  
Maritime Territory

Indonesia is a maritime country surrounded by a sea that is rich in natural resources, therefore a unified system is needed to maintain security and also to allocate all energy sources offered by the sea so that it can be managed appropriately. The management of water safety and security in Indonesia is regulated in Law Number 17 of 2008 concerning Shipping. In this research, there are two main problems that will be examined, namely first about the management arrangements for safety and security requirements in Indonesian maritime territory and second What is the authority of the local government in developing the safety and security requirements of shipping in Indonesian maritime territory. This research is a normative legal research, using a statutory approach and a conceptual approach. The result of this research is the management of shipping coaching is carried out by the government. The form of guidance carried out by the government is in the form of supervision, control and regulation. Legal protection for the administration of regional autonomy is in line with the provisions of Law Number 23 o/2014 which involves regional governments and carries out legal protection for various government affairs in the context of community service and natural resource management.

scholarly journals Legal Protection of Female Journalists over Gender Inequality during the Covid-19 Pandemic

2021 ◽  
Vol 5 (2) ◽  
pp. 123-136
Author(s):  
Vena Lidya Khairunnisa ◽  
Mochammad Ilham Nurrobby
Keyword(s):  
Gender Inequality ◽  
Legal Protection ◽  
Political Interests ◽  
Female Journalists ◽  
The Media ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
And Gender ◽  
Research Type

The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.

scholarly journals Ekspresi Budaya Tradisional Lagu Aceh dan Model Pewarisannya

2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda
Keyword(s):  
Property Rights ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
Economic Rights ◽  
Legal Norms ◽  
The Government ◽  
Traditional Songs

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.

scholarly journals PERLINDUNGAN HUKUM KONSUMEN PENGGUNA PRODUK MASKER SHISEIDO YANG MENGGUNAKAN BAHASA ASING (STUDI TERHADAP KEMASAN SHISEIDO DALAM BAHASA JEPANG DI WILAYAH TANGERANG)

2019 ◽  
Vol 1 (2) ◽  
pp. 929
Author(s):  
Rini Yarti ◽  
A.M Tri Anggraini
Keyword(s):  
Foreign Language ◽  
Legal Protection ◽  
Cosmetic Products ◽  
Product Packaging ◽  
Trade Regulation ◽  
Traditional Markets ◽  
Role Of The State ◽  
The Republic ◽  
The Government

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.

scholarly journals Legal Protection Model for Indonesian Migrant Workers

2018 ◽  
Vol 3 (02) ◽  
pp. 291-304
Author(s):  
Anis Widyawati
Keyword(s):  
Saudi Arabia ◽  
Migrant Workers ◽  
Middle Eastern ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Systems ◽  
Level Of Education ◽  
Low Level ◽  
The Republic ◽  
The Government

The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.

scholarly journals Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit

2019 ◽  
Vol 2 (2) ◽  
pp. 175
Author(s):  
Hamdan Siregar
Keyword(s):  
Rule Of Law ◽  
Oil Palm ◽  
Legal Protection ◽  
Cooperation Agreement ◽  
The Rule Of Law ◽  
Oil Palm Plantation ◽  
Public Property ◽  
The Republic ◽  
The Government ◽  
The Right

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises

scholarly journals THE INFLUENCES AND RISKS OF BEING IMPACTED BY COVID-19 AS AN EXCUSE FOR OVERMACHT OR FORCE MAJEURE TO POSTPONE THE OBLIGATION TO REPAY DEBT

2020 ◽  
Vol 4 (1) ◽  
pp. 289
Author(s):  
Septarina Budiwati
Keyword(s):  
Large Scale ◽  
Economic Condition ◽  
Economic Impacts ◽  
Force Majeure ◽  
The Republic ◽  
The Government ◽  
The Postponement

The government has issued some policies in response to the Covid-19 pandemic. Some policies include working and studying from home, social and physical distancing, stayat home, and large-scale social limitation. These policies bring economic impacts to thesociety. The statement of the Republic of Indonesia’s President, Joko Widodo (Jokowi)which gives credit relaxation to the society whose economic condition is impacted bythe new coronavirus or Covid-19 is publicly questioned. The method used in thisresearch is the juridical-normative method. Results of this research explains that thegovernment has given a policy regarding the risks and the influences of being impactedby Covid-19 as an excuse for a forced condition/overmacht for the postponement of theobligation to repay debt. The regulations on overmacht or force majeure is contained inArticle 1244 and Article 1245 of BW. The debtors who are impacted by the Covid-19are not in default, but they are in the condition of relative overmacht or force majeure.Practically, it is a temporary overmacht. It can become the reason for the implication ofagreement, which is postponed from the determined period. 

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