LEGAL PROTECTION IN RESTITUTION TO THE VICTIMS OF HUMAN TRAFFICKING

The modus operandi offered by traffickers makes victims often deceived by these enticements. This phenomenon is caused by various social factors such as poverty. Reality like this is what makes them easily trapped in the world of slavery. The research method used in this paper is normative juridical research, using the statutory approach and the conceptual approach. Research shows an increase in cases of human trafficking is a serious problem that requires a quick reaction in handling. Legal protection for victims can be specifically protected by restitution or compensation given to the victim or family by the perpetrator.

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Perlindungan Hukum Pekerja yang Terkena Pemutusan Hubungan Kerja di Masa Pandemi Covid-19

Jurnal Ilmiah Universitas Batanghari Jambi ◽

10.33087/jiubj.v21i3.1713 ◽

2021 ◽

Vol 21 (3) ◽

pp. 1112

Author(s):

Nazifah Nazifah ◽

Syarifa Mahila

Keyword(s):

Research Method ◽

Negative Impact ◽

Job Creation ◽

Legal Protection ◽

Conceptual Approach ◽

Legal Method ◽

Force Majeure ◽

Unilateral Termination ◽

The World ◽

Materials Used

The Covid-19 pandemic that has hit all countries in the world,including Indonesia, has had a negative impact on Indonesia’s economic growth. The negative impact of this pandemic is that many companies cannot operate properly so that many company suffer losses and not a few are forced to close their companies which in the end has an impacts on umilateral termination of employment in many companies. The purpose of this study is to analyze the legal protection for workers who experience termination of employment unilaterally during this pandemic, in terms of the perspective of the Manpower Act. The research method used in this research is normative legal method by prioritizing a statutory approach, conceptual approach, and the legal materials used are all laws and regulations related to this research, especially the Manpower Act.Terminations of employment by many companies has a negative impact on workers. Moreover, Article 151Paragraph 1 of Law Number 13 Year 2013 concerning Manpower has emphasized that employers, workers. The Goverment must make every effort to prevent termination of employment, but in Law Number 11 Year 2020 about Job Creation Article 154 Paragraph (1) letter d states that the termination of employment can be carried out in a condition where the company is closed due to force majeure, and this covid-19 pandemic used as a reason for the company’s force majeure to unilaterally lay off workers. The results of the research are expected to provide legal protection for workers affected by the covid-19 pandemic in the form of unilateral termination of employment.

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Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.2.3445.384-390 ◽

2021 ◽

Vol 2 (2) ◽

pp. 384-390

Author(s):

I Komang Arya Sentana Mahendra ◽

Anak Agung Sagung Laksmi Dewi ◽

Luh Putu Suryani

Keyword(s):

Research Method ◽

Legal Protection ◽

International Agreement ◽

Conceptual Approach ◽

Turtle Species ◽

Criminal Sanctions ◽

The World ◽

Administrative Sanctions ◽

Research Show

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.

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PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY)

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2015.v04.i02.p20 ◽

2015 ◽

Vol 4 (2) ◽

Author(s):

I Wayan Wesna Astara

Keyword(s):

Research Method ◽

Legal Protection ◽

The Other ◽

Equal Protection ◽

Legal Research ◽

Conceptual Approach ◽

Historical Approach ◽

The World ◽

Insolvency Proceedings ◽

Debt Payment

The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency

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Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

Jurnal Hukum Prasada ◽

10.22225/jhp.7.2.2301.96-101 ◽

2020 ◽

Vol 7 (2) ◽

pp. 96-101

Author(s):

Gede Angga Prawirayuda ◽

I Nyoman Putu Budiartha ◽

Ni Luh Made Mahendrawati

Keyword(s):

Research Method ◽

Legal Protection ◽

Moral Rights ◽

Legal Certainty ◽

Legal Research ◽

Economic Rights ◽

Domain Names ◽

The World ◽

The Government ◽

Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

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The Principle of Control Non Primary Gun System of the Indonesian National Army Protect Soldiers

BESTUUR ◽

10.20961/bestuur.v8i2.43140 ◽

2020 ◽

Vol 8 (2) ◽

pp. 152

Author(s):

Said Gunawan

Keyword(s):

Research Method ◽

Analytical Approach ◽

Legal Protection ◽

Armed Forces ◽

Military Operations ◽

Defense System ◽

Conceptual Approach ◽

Philosophical Approach ◽

Research Show ◽

Second Reconstruction

This study aims to analyze and discover the principle of non-defense equipment regulation as a legal protection effort for members of the Indonesian Armed Forces and to reconstruct non-defense system arrangements in the context of legal protection for members of the TNI based on the value of certainty and justice with dignity. The research method in this research is descriptive juridical using statute approach, conceptual approach, analytical approach, philosophical approach and case approach. These approaches can be combined. The results of the research show that first, the principle of non-defense system regulation is subject to Law Number 34 of 2004 concerning the Indonesian National Army, especially the principle of civilian supremacy. The principle is only included in the basis of consideration. Does not specifically regulate the general provisions and body of the regulation regarding the terms and meaning of non-defense equipment and has not become one of the main tasks of the TNI in non-war military operations. Second, reconstruction of the value of alusista and non-alusista abuse must be subject to sanctions. Keywords: Defense Equipment; Indonesian National Army; Defense.

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Problematika Hukum dan Alternatif Penyelesaiannya Bagi Konsumen Pengguna Jasa Aplikasi Gojek dan Grabcar sebagai Angkutan Berbasis On Line

ADHAPER: Jurnal Hukum Acara Perdata ◽

10.36913/jhaper.v4i2.80 ◽

2019 ◽

Vol 4 (2) ◽

pp. 91

Author(s):

Dwi Handayani ◽

Muhammad Ilyas

Keyword(s):

Life Insurance ◽

Research Method ◽

Legal Protection ◽

Secondary Data ◽

Legal Issues ◽

Legal Action ◽

Transportation Services ◽

Application Service ◽

The World ◽

On Line

Various legal issues that have surfaced to date cannot be separated from the development of information technology that has mastered the world map. People as consumers really need fast and cheap transportation services to transport people or goods to meet their daily needs. The presence of the Gojek and GrabCar application services is one of the solutions needed by the community at this time, but there is no legal umbrella that regulates people’s transportation services for motorbikes or motorbikes and the transportation of people or passengers to Gocar or Grabcar in private cars, causing various legal issues in its application. Legal issues that arise, are forms of legal protection for consumer users and dispute resolution due to default by one of the parties. The research method is empirical research by processing primary and secondary data, which are then analyzed qualitatively. Conclusions on the results of the discussion: a form of legal protection for consumers and drivers in the form of compensation or assistance in the amount of ﬁve to 10 million rupiahs for guaranteed protection for hospital fees and in the event of accidents and life insurance guarantees from AXA Group. The procedure for resolving a default by a Gojek-GrabCar application provider as a result of private law or civil relations is that the application service user as a party to the agreement can choose to take legal action (litigation) or peace/mediation/conciliation (non-litigation).

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The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian

Unram Law Review ◽

10.29303/ulrev.v3i1.54 ◽

2019 ◽

Vol 3 (1) ◽

pp. 35-43

Author(s):

Nova Winantika Rindang Kirana ◽

I Nyoman Nurjaya ◽

Herman Suryokumoro

Keyword(s):

Research Method ◽

East Asian ◽

Legal Protection ◽

The State ◽

Conceptual Approach

This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.

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Eksistensi Perjanjian Ditengah Pandemi Covid-19

Batulis Civil Law Review ◽

10.47268/ballrev.v1i1.423 ◽

2020 ◽

Vol 1 (1) ◽

pp. 33

Author(s):

Kunarso Kunarso ◽

A Djoko Sumaryanto

Keyword(s):

Research Method ◽

Virus Disease ◽

Human Life ◽

Large Population ◽

The State ◽

Legal Research ◽

Conceptual Approach ◽

Corona Virus ◽

Force Majeure ◽

The World

Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.

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PENGATURAN DAN PERLINDUNGAN HUKUM TENAGA KERJA MIGRAN LINTAS NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL

Kertha Semaya : Journal Ilmu Hukum ◽

10.24843/ks.2020.v08.i08.p14 ◽

2020 ◽

Vol 8 (8) ◽

pp. 1275

Author(s):

Josep Robert Khuana

Keyword(s):

New York ◽

Human Trafficking ◽

Migrant Workers ◽

Research Method ◽

Legal Protection ◽

Foreign Workers ◽

International Labor Organization ◽

Trafficking In Persons ◽

International Convention ◽

Women And Children

Tujuan dari penelitian ini untuk mengetahui dan menganalisis perlindungan hukum bagi tenaga kerja WNI yang bekerja di luar negeri perspektif hukum nasional dan hukum internasional. Metode penelitian yang digunakan adalah metode penelitian hukum normatif, dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus, norma-norma hukum/kaidah-kaidah yang berkaitan dengan permasalahan hukum yang dibahas, dilengkapi dengan kasus-kasus yang terjadi saat ini. Adapun hasil yang diperoleh dari penelitian ini adalah perdagangan manusia merupakan isu Hak Asasi Manusia dalam masyarakat intemasional yang berkembang dengan fokus permasalahan prostitusi yang melibatkan perempuan dan anak-anak, seiring dengan berjalannya waktu, perkembangan jaman serta meningkatnya permintaan, perdagangan manusia tidak lagi berpusat dalam bidang prostitusi, tetapi juga digunakan dalam bentuk praktek-praktek kerja paksa, perbudakan serta penjualan/pemindahan organ-organ tubuh. Dalam upaya mengatur perlindungan buruh migran, majelis umum PBB melalui Resolusi No. 45/158 di New York pada 18 Desember 1990 membuat payung hukum dengan mengeluarkan International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Dalam upaya pelaksanaan perlindungan hukum terhadap tenaga kerja migran, PBB melalui International Labour Organization (ILO) mengeluarkan konvensi-konvensi yang berkaitan dengan perlindungan buruh migran. Upaya menanggulangi maraknya kasus perdagangan manusia yang tak lepas kaitannya dalam upaya perlindungan buruh migran Indonesia berkomitmen untuk melaksanakan Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children dan menerbitkan Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (UU PTPPO). The purpose of this study is to find out and analyze the legal protection of Indonesian citizens working abroad from the perspective of national and international law. The research method used is a normative legal research method, using legal approaches and case approaches based on laws and regulations, norms of law / rules relating to legal issues discussed, are equipped with cases which is happening now.The results obtained from this research, human trafficking is a Human Rights issue in the evolving international community with the focus of prostitution issues involving women and children, as time goes on, the times of development and increased demand, human trafficking is no longer centered in the field prostitution, but also used in the form of forced labor, slavery and sale /removal of organs. In an effort to protect the protection of foreign workers, the UN General Assembly through Resolution No. 45/158 in New York on 18 December 1990 made a legal umbrella by issuing the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In an effort to implement legal protection against foreign workforce, the United Nations through the International Labor Organization (ILO) issues conventions related to the protection of foreign workers. The efforts address the widespread human trafficking case in Indonesian migrant workers' protection is committed to implementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and to issue Law Number 21 Year 2007 on the Eradication of Trafficking in Persons.

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Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

Journal of Law, Society, and Islamic Civilization ◽

10.20961/jolsic.v9i2.54803 ◽

2021 ◽

Vol 9 (2) ◽

pp. 37

Author(s):

Khairunnisa Noor Asufie ◽

Ali Impron

Keyword(s):

Human Rights ◽

Research Method ◽

Competent Authority ◽

Legal Protection ◽

Public Official ◽

Public Officials ◽

Conceptual Approach ◽

Principle Of Proportionality ◽

Two Sides ◽

Prescriptive Analysis

Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a prescriptive analysis. In this research, using the approach, the approach of legislation (Statue Approach) and conceptual approach (Conceptual Approach).

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