scholarly journals Perlindungan Hukum Bagi Pekerja yang Dirumahkan Akibat Pandemi Covid-19

2021 ◽  
Vol 4 (3) ◽  
pp. 833
Author(s):  
Ananda Chrismond Endika Putra

AbstractThe problem that becomes an obstacle is the imbalance of employment opportunities for workers, welfare and protection of workers. Problems related to the welfare and protection of workers include the minimum wage that is still needed. Currently the Covid-19 Pandemic has had quite a number of workers who have changed their habit of office activities by working at home or at home. During the Covid-19 pandemic, workers or workers have the right to protection for safety and health in doing work. Protection of workers can be carried out, by providing guidance, as well as by increasing recognition of human rights, physical protection and technical, social and economic protection. There are special rules regarding home workers in the Circular of the Minister of Manpower Number: SE-05 / M / BW / 1998 concerning Wages for Home Workers not towards termination of the relationship but the company still pays the full wage and can regulate but is obliged to negotiate with the union laborers / workers. Disputes over employee relations with the company can go wrong through the non-litigation and litigation channels.Keywords: Protection; Wages; Settlement.AbstrakDalam masalah yang menjadi hambatan yaitu tidak seimbangnya kesempatan kerja bagi pekerja, kesejahteraan dan perlindungan terhadap pekerja. Terkait permasalahan dalam kesejahteraan dan perlindungan terhadap pekerja antara lain upah minimum yang masih dibawah kebutuhan. Saat ini Pandemi Covid-19 cukup banyak para pekerja yang mengganti kebiasaan kegiatan ke kantor dengan bekerja di rumah atau dirumahkan. Saat pandemi covid-19 ini para pekerja ataupun buruh berhak mendapatkan perlindungan atas keselamatan dan kesehatan dalam melakukan pekerjaan. Perlindungan pekerja dapat dilakukan, dengan memberikan tuntunan, maupun dengan meningkatkan pengakuan hak-hak asasi manusia, perlindungan fisik dan perlindungan teknis sosial dan ekonomi. Terdapat Aturan khusus mengenai pekerja yang di rumahkan pada Surat Edaran Menteri Tenaga Kerja Nomor: SE-05/M/BW/1998 tentang Upah Pekerja yang Dirumahkan bukan kearah pemutusan hubungan namun perusahaan tetap membayar upah secara penuh dan dapat dikurangi namun wajib melakukan perundingan dengan serikat buruh/pekerja. Persoalan perselisihan hubungan pekerja dengan perusahaan dapat diselesaikan melalui jalur non-litigasi dan jalur litigasi. Kata Kunci: Perlindungan; Pengupahan; Penyelesaian.

Author(s):  
Carla Ferstman

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.


2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.


2017 ◽  
Vol 10 (2) ◽  
pp. 1-21
Author(s):  
Edi Gunawan

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah ,dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.


2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.


Author(s):  
Brian Mayer

The fight for information on the use, storage, and release of toxic substances in and from workplaces has been often referred to as the struggle for the right to know. The frustration of occupational safety-and-health activists in trying to obtain information on product names and potential risks closely mirrors that uphill struggle to access information from the state and industry faced by environmental activists. Given the similarities between the two situations, collaboration on the right to know produced a formidable alliance between the two movements—especially in New Jersey, where the dense population and the close proximity of industry to that population produced a powerful blend of anti-toxics and pro-union activism that redefined the relationship between blues and greens. This blue-green coalition, the New Jersey Work Environment Council, has existed since the 1980s and has continuously led the fight for safer workplaces and a cleaner environment by building bridges between labor groups and environmental activists.


2006 ◽  
Vol 1 (1) ◽  
pp. 17-39 ◽  
Author(s):  
Paul Weller

AbstractDiscussions about the relationship between 'religion' and 'human rights' often focus on the problems that arise from 'religion'. Within a European historical perspective this is understandable since one of the most important aspects of the historical development of the 'human rights' tradition in the Europe has been the struggle for the right not to believe.However, the concept of the 'secular' is also not unproblematic. Thus this article explores the contested relationship between 'human rights' and 'religion' by bringing into focus also the relatively hidden factor of the 'secular'. This is done by exploring the forms of secularity exemplified in the traditions and approaches that are found in the USA, France, Turkey, the Netherlands and India. Finally, reference is made to traditional Islamic models for integrating cultural and religious plurality, before concluding with some discussion of the thought of Marc Luyckx in relation to the future of Europe.


2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.


2019 ◽  
Vol 31 (4) ◽  
pp. 541-566
Author(s):  
Jazmine Hesham Elmolla

Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights.


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