scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals Perlindungan Hukum Terhadap Tenaga Kerja Lokal dalam Undang-undang Nomor 11 Tahun 2020 tentang Omnibus Law Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 478-484
Author(s):  
May Linda Iswaningsih ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Legal Protection ◽  
Regulatory Reform ◽  
Conceptual Approach ◽  
Investment Companies ◽  
Protection Of Human Rights ◽  
The Government ◽  
Materials Used ◽  
New Policies ◽  
Good Plan ◽  
Laws And Regulations

Regulatory problems and the disharmony of laws and regulations in labor law in Indonesia have forced the government to reform the rules through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a state of law (rechtsstaat) adopted by the Indonesian state includes the protection of human rights as well as legal certainty and is based on the law. Economic development is very important for improving people's welfare. The purpose of this study is to analyze the regulation of the omnibus law of work copyright for local workers in foreign investment companies in Indonesia and the form of legal protection of the omnibus law of work copyright for workers. The type of research used is the type of normative law research with a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary. The technique of collecting legal materials by analyzing and citing applicable laws and regulations from books, literature, and other sources. The results of the study reveal that the omnibus law concept is one of the breakthroughs to reorganize current regulations. To minimize the occurrence of disharmony and overlapping of existing laws and regulations, the omnibus law is a good plan for structuring regulations. The Indonesian people must formulate new policies that are able to make Indonesia compete with countries in the world to attract investment. These policies must be able to restore the wheels of the slumped Indonesian economy. Regulatory reform is expected to help ensure that laws and regulations in all areas of activity are fully responsive to changing economic, social and technological conditions that surround them.

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 Upaya Pencegahan Kekerasan Terhadap Anak dimasa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 531-537
Author(s):  
Ni Made Wismantari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Violence Against Children ◽  
Analysis Techniques ◽  
Secondary Sources ◽  
The Government ◽  
Victims Of Violence ◽  
Materials Used

The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.

scholarly journals Tanggung Jawab Pemerintah Terhadap Perlindungan Hak Anak Terhadap Tindak Kekerasan

2020 ◽  
Vol 9 (2) ◽  
pp. 305
Author(s):  
Melia Larassati
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Service Center ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Women And Children ◽  
The Government

Children are the next generation of the nation's future ideals asset as human resources for future national development, but today there are so many children who got violence in their lives. This research aims to analyzes the responsibilities of the government and contribution of Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak related to the provision of protection against acts of violence. this research is normative legal research by conducting a study of rules, doctrines, and also legal principles. Secondary data collection was carried out using the library study method with various legal materials analyzed descriptively by the method of the statute and conceptual approach. This research shows that the government has provided legal protection for rights related to violence in the form of legal products in the form of Undang-Undang No.39 Tahun 1999 tentang Hak Asasi Manusia and Undang-Undang No 35 Tahun 2014 tentang Perlindungan Anak. In addition to through legal products, the government also provides protection to children through the Komisi Perlindungan Anak Indonesia land Komisi Perlindungan Anak Indonesia Daerah and Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak as a service center that empowers women and children in various fields such as development, providing protection for women and children against various forms of discrimination, trafficking in persons, and acts of violence. Anak merupakan generasi muda penerus cita-cita perjuangan bangsa sekaligus modal sumber daya manusia bagi pembangunan nasional ke depannya, Namun dewasa ini terjadi begitu banyak anak yang mengalami tindak kekerasan dalam kehidupannya. Tulisan ini bertujuan untuk menganalisis tanggung jawab pemerintah dan kontribusi Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak terkait dengan pemberian perlindungan terhadap tindak kekerasan. Jenis penelitian yang digunakan adalah metode hukum normatif dengan melakukan kajian terhadap aturan, doktrin dan juga prinsip hukum. Pengumpulan data sekunder dilakukan dengan menggunakan metode studi kepustakaan dengan berbagai bahan hukum yang dianalisis secara deskriptif dengan metode pendekatan peraturan perundang-undangan dan konseptual.  Tulisan ini menunjukkan, Pemerintah telah memberikan perlindungan hukum terkait dengan tindak kekerasan dalam bentuk produk hukum berupa Undang-UndanglNo.39ltahunl1999 tentang Hak Asasi Manusia dan Undang-UndangMNoM35 TahunN2014 tentang Perlindungan Anak. Selain melalui produk hukum, pemerintah juga memberikan perlindungan kepada anak melalui Komisi Perlindungan Anak Indonesia dan Komisi Perlindungan Anak Indonesia Daerah serta Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak sebagai pusat pelayanan yang melakukan pemberdayaan terhadap perempuan dan anak dalam berbagai bidang seperti pembangunan, pemberian perlindungan bagi perempuan dan anak terhadap berbagai bentuk diskriminasi, perdagangan orang, dan tindak kekerasan.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Tinjauan Yuridis terhadap Tindak Pidana Daya Paksa dan Pembelaan Terpaksa

2021 ◽  
Vol 2 (3) ◽  
pp. 483-488
Author(s):  
Gowinda Prasad ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Data Collection ◽  
Legal Protection ◽  
Physical Property ◽  
Legal Research ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
Social Rehabilitation ◽  
Library Research ◽  
Materials Used ◽  
Security Guarantees

Forced power and forced defense are criminal acts committed against the law, which are actually coercion from outsiders and against their will and want to defend themselves or there are threats from outsiders which of course need to be reviewed also regarding the reasons to the doctrine of coercion and defense. force it. The purpose of this research is to reveal the regulation of criminal acts of coercion and forced defense as well as legal protection against acts of coercion and forced defense. This research is a normative legal research with a statutory and conceptual approach. Data collection techniques are carried out through library research. Sources of legal materials used are primary and secondary sources of law. After the data is collected, then the data is analyzed using informal methods. The results of the research reveal that the legal protection provided is of course the protection of physical, property and life security guarantees and the provision of psychological and social rehabilitation because there is a pressure.

scholarly journals Penerapan Pasal 1320 Kuh Perdata Terhadap Tanggung Jawab Penjual Dalam Perjanjian Jual Beli Barang Melalui Media Internet

2020 ◽  
Vol 2 (1) ◽  
pp. 73-77
Author(s):  
I Komang Mahesa Putra ◽  
Ni Luh Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Electronic Commerce ◽  
Public Interest ◽  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
The Internet ◽  
Legal Research ◽  
Conceptual Approach ◽  
Internet Media ◽  
The Government

Abstract-This trade activity by utilizing internet media is known as electronic commerce, or abbreviated as e-commerce. Regarding the relevance of existing legislation with the need for regulations in buying and selling transactions through internet media, especially the seller's responsibility. The formulation of the problem in this writing is how the legal protection for the parties in the sale and purchase agreement through the internet media and how the seller's responsibility in the sale and purchase agreement based on article 1320 of the Civil Code. The author uses the type of normative legal research and the problem approach used is the basis of the conceptual approach and legislation. The agreement needed to give birth to an agreement mandated in Article 1320 of the Civil Code is considered to have been reached if the statement of one party was received by the other party. In summary, an agreement is considered to have taken place when one of the parties agreed. The government should provide more stringent supervision for the parties who carry out this electronic transaction, namely by conducting a registration of all activities involving public interest in electronic traffic. Keywords: Sale and Purchase Agreement, Seller responsibilities, e-commerce Abstrak-Kegiatan yang menggunakan elektronik komersil sudah digandrungi beberapa orang dengan penggunaan yang semakin meningkat dengan pesat setiap tahunnya atau disingkat e-commerce. Berkaitan dengan relevansi peraturan perundang–undangan yang sudah ada dengan kebutuhan akan peraturan dalam transaksi jual beli melalui media internet terutama pertanggungjawaban penjual. Rumusan masalah dalam penulisan ini adalah bagaimana perlindungan hukum bagi para pihak dalam perjanjian jual beli melalui media internet dan Bagaimana tanggung jawab penjual dalam perjanjian jual beli barang berdasarkan pasal 1320 KUH Perdata. Penulis menggunakan tipe penelitian hukum normative dan pendekatan masalah yang digunakan adalah dasar pendekatan konseptual dan Peraturan perundang-undangan. Persetujuan antara kedua orang yang menjalin suatu hubungan keperdataan di anggap telah sah apabila keduanya setuju. Ringkasnya, suatu perjanjian dianggap telah terjadi pada saat salah satu pihak menyatakan sepakat. Pemerintah seyogyanya memberikan pengawasan yang lebih ketat lagi bagi para pihak yang melakukan transaksi elektronik ini yaitu dengan jalan melakukan suatu pendaftaran terhadap segala kegiatan yang menyangkut kepentingan umum didalam lalu lintas elektronik. Kata Kunci: Perjanjian jual beli, tanggung jawab penjual, e-commerce

scholarly journals Pengaturan Rangkap Jabatan Notaris dengan Anggota Dewan Perwakilan Rakyat

2020 ◽  
Vol 4 (2) ◽  
pp. 250
Author(s):  
Bima Ridho Halim ◽  
Rachmi Sulistyarini
Keyword(s):  
House Of Representatives ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Notary Public ◽  
Materials Used ◽  
Evaluation Techniques ◽  
The Ideal ◽  
Laws And Regulations

The purpose of writing this article is to discuss the harmonization of regulation towards a double position of notary and members of the House of Representatives and the ideal formulation of regulations regarding dual notary positions. The method used is normative legal research with a statutory approach, a comparative approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed using grammatical, systematic, interpretation, explanatory, and evaluation techniques. Harmonization of laws and regulations relating to someone who holds a concurrent position as a notary and a member of the House of Representatives is very important to meet legal certainty. The notary who is elected as a member of the House of Representatives must release his position as a notary public. Notaries can be re-becoming a notary public if they are no longer members of the House of Representatives.

scholarly journals Perlindungan Hukum Terhadap Penetapan Status Covid-19 Pada Pasien Penyakit Umum Oleh Rumah Sakit Di Kota Medan

2021 ◽  
Vol 20 (2) ◽  
pp. 127-135
Author(s):  
Dewi Ervina Suryani
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Data ◽  
Hospital Personnel ◽  
Legal Research ◽  
Library Research ◽  
The Status ◽  
The Government ◽  
Materials Used

The government poured out the budget of trillions as a form of seriousness in handling the coronavirus outbreak which began to spread in Indonesia in the early of 2020. The amount of subsidized funds for the care of covid-19 patients provided by the government to hospitals is used by rogue hospital personnel to reap huge profits by convicting patients who are suffering from other diseases so that they have the status of covid-19 patients (not covid-19, sentenced to covid-19). This research is a type of normative legal research which is conducted by examining the library materials or secondary data. The secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials used in this study were obtained through books, government publications, internal organizational records, reports, journals, and various sites related to coronavirus. The secondary data obtained are then processed by using library research data collection techniques (library research). The study is then analyzed qualitatively through the descriptive analytical method, so that a general conclusion is obtained about the coronavirus. The results showed that the form of legal protection against the determination of Covid-19 status in patients with general illnesses by hospitals in Medan was in the form of compensation. This refers to the Law Number 8 of 1999 concerning Consumer Protection and Law Number 36 of 2009 concerning Health. Keywords: Legal Protection, Covid-19 

scholarly journals Legal Protection Effort towards Mark Owner from the Share-in Jar Cosmetic Trade

2021 ◽  
Vol 3 (1) ◽  
pp. 26-39
Author(s):  
Sheril Firdausy ◽  
Anajeng Esri Edhi Mahanani
Keyword(s):  
Dispute Resolution ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Analysis Method ◽  
License Agreement ◽  
Literature Study ◽  
Legal Research ◽  
The Government ◽  
Legal Consequences ◽  
Laws And Regulations

This study aims to analyze and understand the legal protection towards the mark owner from the share-in jar cosmetic trade and the legal consequences for business actors who do share-in jar cosmetic trade. The type of legal research used in this study is a normative juridical legal research method. The data collection in this study was conducted through a literature study from the laws and regulations, journals, research results, and books. The data analysis used in this research is the descriptive analysis method. The results of the study show that the legal protection towards the mark owner from the share-in jar cosmetic trade can be carried out through preventive and repressive legal protection efforts. Legal protection efforts are preventively carried out by registering the mark to get legal protection as a legal mark owner. Repressive legal protection efforts for trademarks can be done by litigation dispute resolution and non-litigation dispute resolution. The legal consequences for business actors who do share-in jar cosmetic trade are compensate for damages and/or ceasing all acts related to mark use. Therefore, it is recommended to the mark owner to provide cosmetics with trial or sample sizes. In this case, so that consumers try first about their compatibility with these cosmetics. On the other hand, business actors doing share-in cosmetic jar trade must make a license agreement with the mark owner. Furthermore, the government needs to include criteria for violations of right on mark in laws and regulations. This is purpose to increase legal protection towards the mark owner from the share-in jar cosmetic trade in the future.

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