PERLINDUNGAN HUKUM TERHADAP TKI YANG BEKERJA DI LUAR NEGERI (KAJIAN YURIDIS TERHADAP SINKRONISASI PERATURAN PERUNDANG-UNDANGAN PENEMPATAN DAN PERLINDUNGAN TKI)

AbstractAct Number 39 Year 2004 on Placement and Legal Protection of IndonesianWorker Employed Abroad is not synchronized both vertically andhorizontally yet. It is, vertically, not reflect the Article 28D (2) jo Article 281(4) of the 1945 Constitution. Besides that, is not synchronic with the ActNumber 39 Year 2004 particularly in controlling the protection of TKls.Article 92 (1) Act Number 39 Year 2004 authorize the control of placementof TKls to the institution that responsible for the employment at theGovernment, Province Government, and Kabupaten/City Government. Thesame authority is given to BNP2TKl by Per pres No. 81 Year 2006 (Article 14(2)). As a consequence, the competing and inconsistent in controlling theTKls protection take place. Likewise the competing and inconsistent betweenthe Decision of the Ministry of Man Power and Transmigration Number221MENIXXI12008. Horizontally, no synchronization between Act Number 39Year 2004 and Act Number 39 Year 1999 on Human Rights especiallyrelated to the elaboration of the concept of work as a part of human rightsand state responsibility in protection, fulfilling and enforcing it. The same ishappened in the Act Number 32 Year 2004 on Local Government related tothe authority in protecting TKls between the Government and LocalGovernment.

Download Full-text

PERLINDUNGAN HUKUM PEKERJA MIGRAN PENATA LAKSANA RUMAH TANGGA (PLRT) DI LUAR NEGERI OLEH NEGARA DITINJAU DARI KONSEP TANGGUNG JAWAB NEGARA

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v4i2.8642 ◽

2017 ◽

Vol 4 (2) ◽

Author(s):

Koesrianti

Keyword(s):

Migrant Workers ◽

Domestic Work ◽

Legal Protection ◽

Domestic Workers ◽

State Responsibility ◽

Vulnerable Group ◽

Unfair Treatment ◽

National Jurisdiction ◽

The Government ◽

Migrant Domestic Workers

AbstractThis research discusses the legal protection of migrant workers, especially, women migrant domestic workers. Due to the nature and characteristic of domestic work, the migrant domestic workers are subject to violence, abuses, discrimination and unfair treatment when they are in destination countries. The most vulnerable group among migrant workers is women migrant domestic workers because they are women. Accordingly, the government and the stakeholders should give protection to the women migrant domestic workers regardless their status (legal or illegal) as they are stay beyond national jurisdiction of sending state.Keywords: legal protection, Migrant workers, domestic, state responsibility.AbstrakPenelitian ini mengkaji bentuk-bentuk perlindungan hukum yang diberikan kepada pekerja migran PLRT di luar negeri. Pekerja migran PLRT karena karakteristiknya merupakan kelompok yang sangat rentan terhadap perlakuan abuse, diskriminatif, dan ketidak-adilan ketika bekerja di luar negeri. Kelompok paling rentan diantara pekerja migrant adalah TKW PLRT karena keperempuannya. Konsep tanggung jawab Negara mengharuskan pemerintah memberikan perlindungan kepada TKI terlepas dari status mereka, baik legal atau illegal karena mereka berada diluar yurisdiksi Negara pengirimKata Kunci: Perlindungan hukum, TKI, PLRT, Tanggung Jawab Negara.

Download Full-text

PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

JCH (Jurnal Cendekia Hukum) ◽

10.33760/jch.v4i1.97 ◽

2018 ◽

Vol 4 (1) ◽

pp. 141

Author(s):

Muhammad Fachri Said

Keyword(s):

Human Rights ◽

Child Protection ◽

Research Method ◽

Legal Protection ◽

Children's Rights ◽

Children’S Rights ◽

Legal Research ◽

Descriptive Research ◽

The Common ◽

The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

Download Full-text

Penyusunan Rancangan Qanun Pengelolaan Satwa Liar di Aceh

Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar ◽

10.35308/baktiku.v2i1.2323 ◽

2020 ◽

Vol 2 (1) ◽

pp. 123

Author(s):

Rachmatika Lestari ◽

Eza Aulia ◽

Phoenna Ath-Thariq ◽

Asmaul Husna

Keyword(s):

Community Service ◽

Wildlife Management ◽

Legal Protection ◽

Complex Problem ◽

City Government ◽

Wild Animals ◽

Prevention Measures ◽

Expert Team ◽

Human Conflict ◽

The Government

Human conflict with wildlife is a complex problem because it isn’t only related to human safety but also with the safety of wildlife itself. Conflicts that have occurred have pushed the Government of Aceh, District/City Government and related parties to be more wise in understanding the lives of wild animals so that the handling and prevention measures can be optimized and based on the root of the problem. For this reason, a legal protection is needed in the form of a qanun which is expected to be able to integrate all available resources to protect wildlife in Aceh. The method of implementation in community service is to get involved with the expert team Commission II DPRA in drafting the Qanun of Wildlife Management until finally the qanun was ratified on 27 September 2019 and then promulgated to be Qanun on 29 October 2019. The participation of the authors in the drafting of the draft qanun of wildlife includes part of the process of forming the qanun, including starting from the stages of planning, drafting, and discussion. While the stages of ratification or stipulation, enactment and dissemination are carried out by the DPRA and the Government of Aceh itself in accordance with their respective duties, functions and authorities.

Download Full-text

PENERAPAN PRINSIP-PRINSIP GOOD GOVERNANCE OLEH EKSKLUSIFITAS AKTOR DI MAKASSAR

AS-SIYASAH: Jurnal Ilmu Sosial Dan Ilmu Politik ◽

10.31602/as.v6i1.3772 ◽

2021 ◽

Vol 6 (1) ◽

pp. 11

Author(s):

Ummu Habibah Gaffar

Keyword(s):

Economic Development ◽

Local Government ◽

Qualitative Method ◽

Good Governance ◽

City Government ◽

Main Argument ◽

South Sulawesi ◽

Financial Governance ◽

The Government ◽

The City

This research will further explore the practice of Good Financial Goverance (GFD), with case studies on the partnership process that took place between the city government of Makassar with PT.GMTD in managing the finances for the participation of local government capital. The research will focus on actor relationships taking place between actors involved in capital partnerships as a recipe offered by Good Financial Governance. The research used qualitative method with researcher location in Makassar South Sulawesi, Indonesia.The main argument of this study is to question the claims of Good Financial Governance, which relies on economic development issues and good financial governance by opening investment shells and the involvement of actors outside the government. For this study, the claim is completely wrong. The results of this study found that good financial governance actually gave birth to a new problem that is Exclusivity Actors. Exclusivity of actors as a consequence of the unequal amount of capital on actors involved in Good Financial Governance. Exclusion of Actors Governance impact on the limits of power between governance actors to be biased, depending on the composition of capital in partnership.Keyword : Exclusivity of Actor, Good Financial Governance, Capital Governance

Download Full-text

PROSES LITERASI HUKUM ADAT KAMPUNG TARUNG NUSA TENGGARA TIMUR : UPAYA PENGAKUAN EKSISTENSI

MASALAH-MASALAH HUKUM ◽

10.14710/mmh.48.1.2019.111-122 ◽

2019 ◽

Vol 48 (1) ◽

pp. 111

Author(s):

Miranda Risang Ayu Palar ◽

Lailani Sungkar

Keyword(s):

Local Government ◽

Belief System ◽

Legal Protection ◽

Indigenous Communities ◽

Spiritual Belief ◽

Interview Method ◽

Living Culture ◽

Customary Laws ◽

The Government ◽

The Village

Legal means to obtain the recognition of indigenous communities in Indonesia are still scattered in a number of different regulations. Law on Village 2014 also obligates the government to arrange the system to conduct legal acknowledgements for Adat Villages. Tarung Village is a traditional village which situated in West Sumba Regency. The Members are still living in their own customary laws and embracing their local spiritual belief system as a living culture. Until recently, their village haven’t yet enjoyed the formal ackonwledgement they deserve as a united indigenous community nor as Adat Village. A number of mechanisms to obtain the acknowledgment require particular processes of identification and validation. This research is an initial effort to undertake the processes. In addition, it also aims to conduct a defensive legal protection by documenting the customary laws with interview method. The result displays the legal means to gain the existential acknowledgement which had been undertaken by the custodians of The Village and the Local Government.

Download Full-text

ANALISIS KINERJA KEUANGAN PEMERINTAH DAERAH KOTA SUKABUMI

Progress: Jurnal Pendidikan, Akuntansi dan Keuangan ◽

10.47080/progress.v3i2.942 ◽

2020 ◽

Vol 3 (2) ◽

pp. 204-2015

Author(s):

Lala Novikasari ◽

Zulkarnain Zulkarnain

Keyword(s):

Local Government ◽

Financial Performance ◽

Capital Expenditure ◽

City Government ◽

Regional Government ◽

Government Officials ◽

Audit Opinion ◽

The Public ◽

Transfer Income ◽

The Government

Performance measurement is very important in evaluating the performance of local government officials or organizations in their efforts to provide services to the public. This study soughts to provide an overview of the financial performance of the Sukabumi City Government as a region that has won the Unqualified Audit Opinion from the BPK-RI in five consecutive years. The research was conducted using a descriptive quantitative approach. Regional financial ratios were used to measure the financial performance in question. Based on the results of the analysis and discussion, it was found that the Sukabumi City Government was quite capable of financing development or operations in the government by self-financing; PAD has always increased from year to year; Others Legal PAD has the highest contribution in contributing to overall PAD revenue; the level of dependence of the Sukabumi City Government on the source of transfer income on average was in the "MEDIUM" category; the achievement of the annual target of the Sukabumi City Government's PAD has been very effective; and the capital expenditure ratio in the Sukabumi City Government was still low below the average capital expenditure ratio in the regional government.

Download Full-text

EKSISTENSI GUBERNUR SEBAGAI WAKIL PEMERINTAH PUSAT DI DAERAH

JURNAL KAJIAN PEMERINTAH : Journal Of Government, Social and Politics ◽

10.25299/jkp.2018.vol4(1).2158 ◽

2018 ◽

Vol 4 (1) ◽

Cited By ~ 1

Author(s):

Rahyunir Rauf

Keyword(s):

Local Government ◽

Government Regulation ◽

Central Government ◽

National Government ◽

City Government ◽

Regional Government ◽

City Area ◽

Delegation Of Authority ◽

The Absolute ◽

The Government

In the Indonesian national government system is recognized the existence of local government, the region consists of provincial, district and municipal areas. The Provincial Region is headed by a Governor, a Regency area headed by a Regent and a City area headed by a Mayor. Based on Law Number 23 Year 2014 on Regional Government placed the Governor in 2 (two) functions, namely; As Head of Region and As Deputy of Central Government in Region. The governor as the representative of the central government in the regions gained the delegation of authority from the government to carry out central government affairs in the regions. As a representative of the central government in the region the governor carries out the absolute affairs and implements the concurrent governmental affairs which are the authority of the central government and conducts the guidance and supervision of the districts / municipalities in carrying out the concurrent affairs which are the authority of the district / city government. In the implementation of central government affairs in the region it is necessary to have central government representatives in the regions and vertical institutions. Prior to the issuance of Law Number 23 Year 2014 in relation to the Governor as the representative of the central government in the regions is regulated in Law Number 32 Year 2004 regarding regional government and followed up by Government Regulation No. 7 of 2008 on Deconcentration and Co-Administration. In Act No. 23 of 2014 on Regional Government it is stated that the representative of central government in the regions is only given to the Governor, while the Regent / Mayor does not get the authority as a representative of the central government in the region. In carrying out the guidance and supervision on the implementation of government affairs which is the authority of the district / city and the task of assistance by the district / city, the President is assisted by the Governor as the representative of the central government.

Download Full-text

The Policy and the Strategy of the Provision of Bicycle Lane in East Java, Indonesia

Open Science Journal ◽

10.23954/osj.v2i2.653 ◽

2017 ◽

Vol 2 (2) ◽

Author(s):

Muhammad Zainul Arifin ◽

Harnen Sulistio

Keyword(s):

Development Strategy ◽

Legal Protection ◽

Sustainable Transportation ◽

City Government ◽

Government Support ◽

Road Users ◽

Factor Evaluation ◽

The Government ◽

Bicycle Lane ◽

The City

Understanding the characteristics of the cyclists and stakeholders’ preferences towards the provision of bicycle lanes is the first step for sustainable transportation. The Government support for providing bicycle lanes can increase the number of cyclists, thus reducing the noise and air pollution, and providing safety, discipline and smooth traffic. Therefore, is required a study of a policy strategy about the provision of bicycle lanes. The aim of this study is to obtain a policy for handling the provision of bicycle lanes based on internal and external factors by considering the preferences of cyclists, road users and stakeholders. Data was collected by interviewing all stakeholders, i.e. the staffs from the City Government of the city of Malang, Jember, and Surabaya and the Department of Public Work Bina Marga of East Java. The analytical method used is SWOT Internal Factor Evaluation-External Factor Evaluation (SWOT IFE-EFE).Analysis of matrix of external and internal factors for the provision of bicycle lanes explains that positions of the current condition and the future condition are in the cell V (2.451; 2.493) and in the cell I (3.338; 3.135) respectively. The position of the cell V and the cell I indicates that the provision of bicycle lanes under development is a position of grow and develop.The development strategy can be applied through vertical integration thus all the strategic elements of government and stakeholders are able to jointly reformulate the strategy, starting from the preparation of legal protection for the provision of bicycle lanes in the neighborhood (“RT/RW”) of sub-district. The city authority is expected to reinforce the operational implementation. Meanwhile, the preference weight towards the provision of bicycle lanes of road users and stakeholders is 83.7%. Herewith the provision of dedicated bicycle lanes is required.

Download Full-text

Role Of The Center For Abandonment Of Property Law To Safeguard Assets Subsidiaries Who Still Under Age

Jurnal Daulat Hukum ◽

10.30659/jdh.v1i2.3288 ◽

2018 ◽

Vol 1 (2) ◽

pp. 439

Author(s):

Agustina Suryaningtyas

Keyword(s):

Human Rights ◽

Growth And Development ◽

Legal Protection ◽

National Interest ◽

Optimal Growth ◽

Property Law ◽

Trial Judge ◽

The Republic ◽

The Government

For those who are not competent to act in a legal act such as minors and people who are in wardship, in legal actions both in and out of court must be represented by a person appointed by the trial judge, that is able to parent, guardian or sycophants. Duties as guardian or caretaker are very spacious and are at risk for problems associated with wealth, so that the necessary role of an institution or agency in charge of overseeing the implementation of trusteeship and guardianship. Parents, family and society are responsible for protecting and maintaining human rights in conformity with the obligations imposed by law. Similarly, in view of the protection of children, the state and the government is responsible for providing facilities and accessibility for children, especially in ensuring optimal growth and development and focused. Heritage Hall is one of the Technical Unit within the Ministry of Justice and Human Rights of the Republic of Indonesia has the duty and obligation to protect human rights. Especially in the field of personal right person for Judge's decision can not run their own interests by the legislation in force. Ranking Universal Heritage as guardian watchdog is still needed, and it is possible to apply to all Indonesian citizens, thus Orphan peningalan can act in the national interest to provide legal protection for children who are under guardianship committed by Indonesian.Keywords: Heritage Office; Minors; Guardianship.

Download Full-text

Local Regulation on Homelessness and Beggars in Yogyakarta: Human Rights and Maqasid of Sharia Perspectives

Keuangan Islam dan Peran Kesejahteraan ◽

10.20885/millah.vol21.iss1.art2 ◽

2021 ◽

Vol 21 (1) ◽

pp. 23-54

Author(s):

Ahmad Syafii Rahman ◽

Amir Mu’allim

Keyword(s):

Human Rights ◽

Government Regulation ◽

City Government ◽

Culture Of Poverty ◽

Local Regulation ◽

The People ◽

The Social ◽

The Government ◽

Special Region ◽

Yogyakarta City

The existence of vagrants and beggars as a sub-culture of poverty is a separate problem for the government and the people of Yogyakarta in general. This research was conducted to examine and analyze the effectiveness of the Yogyakarta City Government Regional Regulation No. 1 of 2014 concerning the handling of homeless and human rights beggars in the review of maqasid shariah and seeks to find the crucial factors that influence the effectiveness of the DIY city government regulation based on a human rights perspective. humans in the view of maqasid syariah. The facts in the field were collected using qualitative methods with a sociological normative juridical approach and technical analysis using analytical descriptions. The results of this study are the Role and Functions of the Social Service in tackling Homeless and Beggars in the Special Region of Yogyakarta which has been procedurally fulfilled based on the Yogyakarta Regional Regulation No. 1 of 2014, but conceptually has not been fully implemented in the DIY City Regional Regulation No. 1 of 2014. In the perspective of human rights, in terms of quantity, the regional regulation has guaranteed the fulfillment of the rights of the homeless and beggars, the implementation is in accordance with standard operational procedures in the field. According to the Maqasid syariah perspective, the government's program to overcome sprawl has realized the maqasid syariah, namely the maintenance of religion (hifz din), reason (hifz al-aql) maintenance of the soul (hifz al-nafs) maintenance of offspring (hifz al-nasl) maintenance of property ( hifz al-mal)

Download Full-text