scholarly journals REFORMASI HUKUM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL SECARA MEDIASI

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Yetniwati Yetniwati ◽  
Hartati Hartati ◽  
Meriyani Meriyani

Dispute settlement of Industrial Relations through mediation stipulated in article 8 of the Act Number 2 Year 2004 was assisted by a mediator of manpower officials. In addition, article 9 regula-tes the qualifications of mediator. These two articles are very discriminatory as they are contrary to the fact that mediator of government officer should also be subject to the Civil Service Act. Besides, the government mediator would have superiors and subordinates according to the hierarchy of their positions. This would open possibility of intervention of the superiors that would interfere the mediator in performing his/her duties. Consequently, independent mediator would never be reali-zed. In fact, mediator is not only from government officer but also from other field such as lawyers, lecturers, National Commission of Human Rights (Komnas HAM), and any capable and non-allign-ed mediators. This would be one of solutions for the government to solve the shortage of mediators in Indonesia.                                                     Key words: mediation, mediator, law reform

2021 ◽  
Vol 6 (1) ◽  
pp. 468
Author(s):  
Yohana Damayanti Br Kaban ◽  
Beniharmoni Harefa

Abstract During the Covid-19 pandemic, the government through the Ministry of Law and Human Rights reviewed the policy through Permenkumham No 10 in 2020 regarding the release of assimilation and the executive order making the child the perpetrator of this crime many were released. This makes bapas must improve the implementation of the development of the freed child. The problem in this study is how to optimize BAPAS in the implementation of child development as the perpetrator of crimes that are released because of Covid-19 and the obstacles faced by bapas in the implementation of the construction. The purpose of this study is to know how to optimize BAPAS in the development of children as perpetrators of crimes that are released because of Covid-19 and know the obstacles faced by bapas in the implementation of the construction of children as perpetrators of the crime struck. The research method used is normative juridical using secondary data obtained through literature studies such as scientific books, journals, laws. Key words : Correctional Center; Child; Covid-19 Abstrak Dimasa pandemi Covid-19, pemerintah melalui Kementerian Hukum dan HAM mengeluarkan kebijakan melalui Permenkumham No. 10 tahun 2020 terkait pembebasan dan asimilasi membuat anak sebagai pelaku tindak pidana ini banyak yang dibebaskan. Hal tersebut membuat pihak Balai Pemasyarakatan harus meningkatkan pelaksanaan pembinaan terhadap anak yang dibebaskan tersebut. Permasalahan dalam penelitian ini adalah bagaimana optimalisasi Balai Pemasyarakatan dalam pelaksanaan pembinaan anak sebagai pelaku tindak pidana yang dibebaskan karena Covid-19 dan kendala yang dihadapi pihak Balai Pemasyarakatan dalam pelaksanaan pembinaan tersebut. Tujuan penelitian ini adalah mengetahui bagaimana optimalisasi Balai Pemasyarakatan dalam pelaksaan pembinaan anak sebagai pelaku tindak pidana yang dibebaskan karena Covid-19 dan mengetahui kendala-kendala yang dihadapi pihak Balai Pemasyarakatan dalam pelaksanaan pembinaan terhadap anak sebagai pelaku tindak pidana yang dibebaskan tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan menggunakan data sekunder yang diperoleh melalui studi kepustakaan seperti buku-buku ilmiah, jurnal, undang-undang. Kata kunci: Balai Pemasyarakatan; Anak; Covid-19


2018 ◽  
Vol 3 (2) ◽  
pp. 165
Author(s):  
Sonhaji Sonhaji

Bankruptcy shall mean general confiscation of all assets of a debtor who could no longer afford to pay the debts that are due and could be billed. In Indonesia, bankruptcy is already known before 1945. Bankruptcy is Commercial Court ruling which put all assets of a debtor in a public attachment status thereafter the appointed curator could manage and liquidate the assets of the bankrupt debtor (bankruptcy properties) which would be sold and distributed to all creditors based on their respective levels of entitlement including the wages owed and other rights (Severance pay, gratuity and other compensation benefits). Problems would rise if the company hiring the laborers is declared bankrupt by the Commercial Court. In such circumstances, wage repayments or remunerations to the laborers became an interesting topic to be studied. The company and the government are responsible upon the fulfillment of the laborers' wage rights. In case that responsibility is not fulfilled, then there had been a violation of the rights of the laborers' welfare and violations and blasphemy of human rights. In reality, the laborers' wages sometimes are not paid by the company where they worked because it had bankrupt and is unable to pay, because the company did not want to pay even though there is a decision from the Industrial Relations Court which required the employer (company) to pay the wages or the severance pays.


2018 ◽  
Vol 18 (1) ◽  
pp. 151-162
Author(s):  
Zuraidah Azkia ◽  
Muhamad Sadi Is

Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights.  


2020 ◽  
Author(s):  
Shalu Nigam

COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving the devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to an increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence-free world, the need is to impose the lockdown on the collective imagination that reiterate gender-stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under Article 14, 15, and 21 of the Constitution can be reclaimed.


2021 ◽  
Vol 5 (4) ◽  
pp. 78-89
Author(s):  
Stephen Kimathi Mutungi ◽  
Francis Mulu

Many counter-terrorism measures enacted by states have been criticized for violating human rights. This study sought to assess the Kenya’s counter-terrorism framework to ascertain whether the established counter-terrorism measures violate or adhere to the protection of human rights. The study adopted an exploratory research design to assess the counter-terrorism measures and alleged human rights violation in Kenya. The target population was the national security organs, counter-terrorism agencies, civil societies championing human rights protection, security enforcers and watchdog bodies. The sample of 200 respondents and informants was drawn from the National Assembly, Ministry of Interior and Coordination of National Government, the Kenya National Commission on Human Rights, the International Federation for Human Rights, UN Counter-Terrorism Centre and Amnesty International Kenya. A stratified and purposive sampling technique was employed in selecting the respondents and informants during the study. The findings of the study established various stick and carrot counter-terrorism strategies used by organizations, government and security apparatus in Kenya. These strategies are faced by a number of challenges. A number of these measures violate human rights. There are however, some counter terrorism strategies that uphold human rights. The counter-terrorism strategies that the government can adopt in respect of human rights to include youth empowerment and employment, enhance surveillance and intelligence gathering, stop renditions and use of force, proper investigations, uphold human rights and rule of law and public education, awareness and participation. The study recommends government to adopt counter-terrorism promote human rights protection. Further, the study recommends that the governments need to create public awareness and participation in counter-terrorism strategies and measures to build public confidence on its efforts to fight terrorism.  


2005 ◽  
Vol 42 (3) ◽  
pp. 566-576 ◽  
Author(s):  
Michael A. Gurdon

This article describes the legislated strengthening of employee involvement in decision-making within the federal civil service in Australia. While the quite distinct differences between the two industrial relations Systems must be recognized, particularly the resulting distribution of power between the government as employer and its employees, aspects of the general philosophy underlying the Australian model may find some useful applications as the Canadian public sector Systems continues to evolve.


2019 ◽  
Vol 4 (2) ◽  
pp. 75
Author(s):  
Dian Ferricha

Rights disputes often occur in employment relationships in various sectors, mainly related to wages. Where wages are the pulse of workers and as a form of reward for work carried out on orders from superiors. Workers who are weak in their current bargaining power that has not been resolved legally and whose energy is still needed in the work of the public sphere both government, health and education are honorary workers. Where honorary workers are workers who are appointed by staffing officials or other officials in the government to carry out certain tasks in government agencies that are paid voluntarily through contractual agreements or in the form of decrees. In the legal aspect, they have no clear protection, are categorized as workers in industrial relations or are workers shaded by the state civil service law. This is a legal vacuum in its protection. Not to mention, when they demanded their rights in the form of wages paid below the district or provincial minimum wage standards. This is what was raised in this article because if it is not resolved when the problem is resolved through litigation, the legal basis used is not only the law on industrial relations disputes in the industrial relations court but also based on civil procedural law in the general court. This article uses a normative juridical method are based on legal materials that are normative-prescriptive. This article is very interesting to study more deeply and for this article it was created to recommend legal breakthroughs on problems that occur, one of which offers clause clauses in civil procedural law to order parties to disclose documents during the verifi  cation process when settling rights on wages to workers honorary is brought into the realm of litigation, wherein one of the articles of the Industrial Relations Dispute Settlement Act it is stated that what applies in Industrial Relations Disputes is ordinary civil procedural law unless otherwise stipulated.


to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 167
Author(s):  
Gindo L. Tobing

Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum


2005 ◽  
Vol 40 (1) ◽  
pp. 140-161
Author(s):  
Errol Black

This paper examines the roots of the controversy over industrial relations within Manitoba NDP, looks at the process which the government initiated as a means of delivering its commitments to organized labour and outlines the conditions by which the business class in Manitoba forced the government to retreat.


Author(s):  
Simon Butt ◽  
Tim Lindsey

The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and endorsed in 1946, after Independence. Today, most of this Code remains intact but for a handful of additions and deletions. Criminal law reform has proceeded largely through enactment of ‘special criminal laws’ governing particular offences. The government has, for many years, recognized that the Code is out-of-date, and replacements have been drafted and debated but none agreed upon. The most recent draft, which this chapter discusses, retains or adds controversial offences, including defamation, prostitution, homosexuality, and blasphemy. Meanwhile, Aceh province has had authority to impose its own criminal laws, based on Islamic law, since 2006. These are, by modern standards, archaic and appear to breach a range of human rights, both domestic and international.


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