JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

scholarly journals Prospective Model in Public Policy for a Democratic and Equitable Election of Regional Leaders

2020 ◽  
Vol 8 (1) ◽  
pp. 1-9
Author(s):  
Suparnyo Suparnyo
Keyword(s):  
Political Parties ◽  
Secondary Data ◽  
General Election ◽  
Weak Support ◽  
The People ◽  
The Future ◽  
The Government ◽  
Regional Leaders ◽  
Election Commission ◽  
Prospective Model

The election of regional leaders conducted directly by the community is believed to result in a democratic government. The formed government is expected to be more open, more responsive, and to carry out the aspirations of the people so that it can realize a government that comes from the people, by the people, and for the people. A person can nominate him/herself as a candidate for Regent or Deputy Regent if supported by some residents, by Political Parties or Combined Political Parties. The relatively weak support of the population or political parties or combined political parties has resulted in very few candidates for regent or deputy regent, even only one pair of candidates can occur as in Pati Regency. The study aims to know how the policy in the future (Prospective Model) should be taken so that the single-candidate for Regent or Deputy Regent in a general election does not happen. By using a sociological juridical approach, collecting primary and secondary data, processing and analyzing data, the objective of the study can be reached.The policy that needs to be taken by the government so that in the future there will be no single candidate is by giving obligations to political parties to conduct cadre recruitment to become candidates for regional leaders. Besides, the General Election Commission needs to make a scheme that is easier and more flexible for individual candidates regarding administrative requirements, procedures, and mechanisms for gathering support, and there needs to be a new policy so that the potential for a single-candidate can be eliminated or not occur.

scholarly journals Socio-economic impacts of migration on Tho Chu island commune, Vietnam

2020 ◽  
Vol 7 (10) ◽  
pp. 6187-6193
Author(s):  
Huong Le ◽  
Hoang Phi ◽  
Luu Dao ◽  
Yen Nguyen ◽  
Lien Le ◽  
...  
Keyword(s):  
Secondary Data ◽  
Research Process ◽  
Economic Activities ◽  
Cultural Life ◽  
The People ◽  
Displaced People ◽  
The Government ◽  
Negative Impacts ◽  
Labor Structure ◽  
Depth Interviews

Population arrangement to islands for settlement is one of the important policies in many ways of each nation. This study was conducted to provide an understanding of the current situation and impacts of the migration to Tho Chu Island, Phu Quoc District, Kien Giang Province, Vietnam. In-depth interviews and survey questions were used to collect preliminary data on displaced people, insular living conditions, positive and negative impacts of the migration process on the socio-economic development on the island. They are also supplemented by secondary data which were collected from various sources in research process. The study shows that the migration to the island not only helps to supplement the labor force for the island, contributes to economic and labor structure restructuring on the island but also contributes to diversifying island economic activities and expand the space, enrich the cultural life of the island. However, the process of migration to the island also poses a number of problems for the people and the government on the island.

scholarly journals MODAL SOSIAL PEMANTIK UNTUK KOTA KREATIF

2018 ◽  
Vol 3 (2) ◽  
pp. 404
Author(s):  
Tubagus Arya Abdurachman
Keyword(s):  
Social Capital ◽  
Secondary Data ◽  
Primary Data ◽  
Creative Cities ◽  
Creative City ◽  
The People ◽  
The Social ◽  
The Government ◽  
The City ◽  
Dominant Influence

The discussion of this research is the development of creative cities in a country is the result of the efforts of the government and creative actors in the city in the country. Creative city can not be separated from the potential of social capital that is owned by the people in the city. Social capital is a social organization concept that includes network of norms and social trusts that facilitate mutual coordination and cooperation including in developing the regional economy. This research aims to (1) know the contribution of social capital in making a creative city, (2) express the social capital and creativity of individuals and communities to realize creative city, and (3) know aspects of social capital that dominant influence on a creativity of the city. The method of this research is qualitative primary data with technic observation and indepth interview, also secondary data in the form of document and archive analysis from Bandung city as one of creative city in Indonesia. Research is done during 2015-2016. Conclusions this research are (1)Social capital that form trust, tolerance, cooperation, openness, and independence of the community greatly contributes in the creation of creative city because through the braided integration of social capital that forms a norm of behavior binding for its citizens to be creative and does not require material capital,(2)Individual urban creativity formed through the process of socialization of elements of social capital in the life of society to trigger creativity of individuals and society as a whole, and (3) The form of openness, tolerance, and cooperation are the dominant elements of social capital in growing the creativity of individuals and societyKeywords: Creatif city, Social capital

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN)

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Agus Sudiarawan
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Industrial Relations ◽  
Secondary Data ◽  
Empirical Method ◽  
Primary Data ◽  
Constitutional Court ◽  
Inhibiting Factors ◽  
The Government ◽  
The Right

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

scholarly journals APPLICATION OF THE HOLT-WINTERS EXPONENTIAL SMOOTHING METHOD ON THE AIR POLLUTION STANDARD INDEX IN SURABAYA

2021 ◽  
Vol 10 (1) ◽  
pp. 53
Author(s):  
Silmi Muna ◽  
Kuntoro Kuntoro
Keyword(s):  
Air Pollution ◽  
Secondary Data ◽  
Exponential Smoothing ◽  
Smoothing Method ◽  
City Environment ◽  
The People ◽  
The Government ◽  
Environment Agency ◽  
Policies And Programs ◽  
Exponential Smoothing Method

The Air Pollution Standards Index (APSI) is an indicator that shows how clean or polluted the air is in a city. It also portrays the health impacts towards the people who breathe it in. Based on the Indonesian Ministry of Environment monitoring through the Air Quality Monitoring Station (AQMS), the city of Surabaya only had 22 up to 62 days of air categorized as good in a year. The purpose of this study was to forecast APSI as a scientific-based reference for making decisions and policies that were appropriate in tackling the effects of air pollution on health. This study was non-obstructive or non-reactive research. The research method used was time series to identify the time relationship. The data used were secondary data taken from the APSI documents from 2014 to 2019 at the Surabaya City Environment Agency. The results of this study obtained the best model through α (0.8), γ (0.5), and δ (0.6) with the values of MAPE (0.104355), MAD (0.00842), and MSD (0.001050) calculated with the Holt-Winters exponential smoothing method. The highest produced forecast value of APSI was in September 2020, and the smallest was in January 2020. This study suggests the government of Surabaya to create policies and programs to suppress the number within APSI.

scholarly journals A Panoramic View of the Social Security and Social Protection Provisioning in Lesotho

2017 ◽  
Vol 17 (4) ◽  
pp. 1629
Author(s):  
Kananelo E Mosito
Keyword(s):  
Social Security ◽  
State Policy ◽  
Social Protection ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
Security Measures ◽  
Panoramic View ◽  
The People ◽  
The Social ◽  
The Government

Social security is one of the most important areas of social policy.As part of its social policy, the government of Lesotho has promulgated various pieces of legislation and introduced an assortment of public assistance programmes for the benefit of the people of the country. There are also various informal social security measures which are the result of coordinated activities by individuals and groupings in Lesotho. These initiatives together provide a broad spectrum of social security provisioning for the people of Lesotho. This article sets out to discuss the said social security provisioning measures and appraises the efficacy of their interventions.Lesotho is a constitutional state.The Constitution of Lesotho came into force on 2April 1993. It provides for a Bill of Rights as well as principles of state policy. There is, however, no express provision in the Constitution for a right to social security. This is regrettable. Thus, the intersection between constitutional law and social security within the context of Lesotho can be achieved only through the interpretation of the fundamental rights as well as the principles of state policy provided in the Constitution. While the provisions relating to fundamental rights help to establish entitlements to social security, the principles of state policy play an important role in giving direction to service delivery.Understanding the link between the various governmental and social initiatives is crucial if interventions are to be designed which will enhance the provision of social security for the benefit of the people of Lesotho.

scholarly journals Public Perception and Participation in Environmental Preservation of Watershed

2016 ◽  
Vol 4 (2) ◽  
pp. 147
Author(s):  
Andi Bustan
Keyword(s):  
Natural Resources ◽  
Public Perception ◽  
Secondary Data ◽  
Environmental Preservation ◽  
Illegal Mining ◽  
The People ◽  
People’S Perception ◽  
Financial Interests ◽  
The Difference ◽  
The Government

Environmental aspects have been some of the most argued about topics in society, including the role of the government as a stakeholder. Deforestation and illegal mining have been destroying the many ecosystems and rainforest habitats, including along the Katingan Watershed. The research objective is to describe public perception and participation in environmental preservation. The research used descriptive qualitative method and applying Spradley Domain Analysis. Primary and secondary data were obtained directly from field informants using interviews, observations and documentation. The research results show that the people’s perception and participation in environmental preservation was categorized into two groups. The first group one stated that they did contributed out of personal and financial interests, whilst the second groups were simply following the instructions of the government and local leaders. In general, locals have different perception on how they utilize the natural resources. The management of natural resources was perceived as being done for economic reasons, with the assumption that it were used sustainably. People’s involvement in preserving nature were affected their own needs either individually or collectively. Participation of the people in the conservation around the watersheds area was done for reasons of individual desire, solidarity, and to follow instructions from the government and Katingan Hilir leader. Environmental effort is carried out in activities aiming to protect and prevent damage to the area of the Katingan River. This lead to argue that diverse people’s perception to preserving environment generates the difference participation in their awareness.

scholarly journals MSME’s Sector in India: Challenges and Opportunities

2016 ◽  
Vol 4 (3) ◽  
pp. 612
Author(s):  
E. Upendar ◽  
K. Ramulu
Keyword(s):  
Poverty Reduction ◽  
Raw Materials ◽  
Small And Medium Enterprises ◽  
Secondary Data ◽  
Fuel Prices ◽  
The People ◽  
Challenges And Opportunities ◽  
The Government ◽  
Employment Potential ◽  
Medium Enterprises

<div><p><em>Micro Small and Medium Enterprises include Khadi, Village and Rural Enterprise. Today Millions of people depending upon MSMEs sector. Indian MSMEs are contributing regarding 45% manufacturing output and 40% exports. Every year 8-9% of GDP contributing to developing the nation.This sector is providing employment second largest after agriculture. The main advantage of this sector is employment potential low capital. MSMEs sector contributing develop the country but every day facing a number of challenges like the High cost of Raw materials, collateral requirements, Competition from domestic and foreign markets, Increased fuel prices, lack of credit facilities from financial institutions, etc. Due to the financing problems, every day 79 MSMEs are falling in sickness. The government took many initiatives for this sector but still problems persist. There are many opportunities in this sector for budding entrepreneurship but due to the many challenges the MSMEs sector is still unable to survive.The study is based on secondary data only. Every year this sector is worldwide generating 3, 000 employment opportunities for the people. The MSMEs sector is playing important role in poverty reduction and regional imbalances.Still today the Government of India took there are many initiatives to develop this sector but still the problems are encountering this sector.</em></p></div>

scholarly journals Literacy of Agricultural Zakat in Village Communities

2021 ◽  
Vol 5 (1) ◽  
pp. 89-103
Author(s):  
Tasriani Tasriani
Keyword(s):  
Secondary Data ◽  
Community Leaders ◽  
Primary Data ◽  
Research Approach ◽  
Agricultural Produce ◽  
The People ◽  
Secondary Data Source ◽  
Qualitative Descriptive ◽  
Village Communities ◽  
The Government

This study aims to determine the literacy of the village community about agricultural zakat and what factors are behind the lack of village people in paying agricultural zakat. This research approach uses a qualitative descriptive approach. Collecting data from this research are interviews, documentation, and observations. The sources of data obtained from primary data sources are from the head of Sidodadi Village, one of the hamlet heads, community leaders, and farmers. While the secondary data source is documentation obtained from the field. Zakat is a property that must be issued for Muslims to those who are entitled to receive it, such as the faqir, poor, amil, converts, slaves, gharim, fisabilillah, and ibn sabil. The agricultural zakat is all agricultural produce that is planted using seeds, the results of which can be eaten by humans and animals. Agricultural zakat can be in the form of grains, tubers, vegetables, fruits, flowers, and so on. The results of this study are the lack of public literacy about agricultural zakat, besides that there has been no socialization about agricultural zakat from community leaders and from the government which causes the people of Sidodadi Village to have low agricultural zakat literacy.

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