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

Author(s):  
Kadek Agus Sudiarawan

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.

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 93
Author(s):  
Sulaiman Sulaiman

The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.


2021 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
I Nengah Subadra

The research is aimed at understanding the government policies on cultural tourism and pandemic mitigations in Bali made during the covid-19 pandemic. It uses qualitative method in which the primary data were collected through face-to-face and virtual video interviews to seven informants who were selected using purposive sampling to assure they aware of and understand the researched case; and the secondary data were collected from online publications. The research finds the regional regulation on cultural tourism was amended during the Covid-19 outbreak to strengthen the use of local cultures for tourism adapting both national and international tourism policies to lead to a more responsible tourism designating Bali’s local indigenous cultures of Tri Hita Karana and Sad Kerthi as basis of cultural tourism development in Bali; and more importantly, Bali’s government issued particular policies and  executed immediate measures to reopen tourism in Bali which totally shut down due to pandemic. These policies reacted differently by local people and remains become a hot debate within Balinese communities.


Author(s):  
Victoria E.N. Manoppo ◽  
Jeannette F. Pangemanan ◽  
Nurdin Jusuf

AbstractThe decline in fishermen's income was triggered by increased household needs while the income of fishermen's fate seemed to be unbearable. This is also experienced by Neyan in the Coastal Region of Mandolang District, Minahasa Regency. Their income continues to decline even more often they have no cost for their daily lives. They are in debt which is strangling their necks. They are increasingly desperate because there is no solution offered either from the government or from other relevant parties. Starting from the background, the problem is formulated as follows: 1. What causes the level of income of fishermen in the Coastal Zone of Mandolang District to decrease; 2. How do they increase their income. The research objectives are: 1. To describe and analyze what causes the level of income of fishermen in the Coastal Zone of Mandolang District to decrease; 2. To analyze how they increase their income. This research will be carried out in the Coastal Area of Mandolang District, Minahasa Regency in 2017 since it was signed a work contract with LPPM. The method in this study is purposive sampling method. Data sources are primary data and secondary data. Data analysis is qualitative descriptive analysis and quantitative description.Keywords: coastal area, income of fishermen, Mandolang sub-district AbstrakTurunnya pendapatan nelayan itu dipicu kebutuhan rumah tangga yang meningkat sedangkan pendapatan nasib nelayan seolah tak lepas dirundung malang. Hal ini juga dialami oleh neyan di Wilayah Pesisir Kecamatan Mandolang Kabupaten Minahasa. Pendapatan mereka semakin hari semakin menurun bahkan seringkali  mereka tidak mempunyai biaya untuk kehidupan mereka sehari-hari. Mereka terlbat utang yang semakin mencekik leher.  Mereka semakin putus asa karena belum ada jalan keluar yang ditawarkan baik dari pemerintah ataupun dari pihak-pihak terkait lainnya.  Bertitik tolak dari latar belakang tersebut maka masalah dirumuskan sebagai berikut: 1. Apa yang menyebabkan turunnya tingkat pendapatan nelayan di Wilayah Pesisir Kecamatan Mandolang; 2. Bagaimana cara mereka meningkatkan pendapatan mereka. Adapun tujuan penelitian adalah : 1. Untuk mengdeskripsikan dan menganalisis apa yang menyebabkan turunnya tingkat pendapatan nelayan di Wilayah Pesisir Kecamatan Mandolang; 2. Untuk menganalisis bagaimana cara mereka meningkatkan pendapatan mereka. Penelitian ini akan dilaksanakan di Wilayah Pesisir Kecamatan Mandolang Kabupaten Minahasa pada tahun 2017 sejak di tandatangani kontrak kerja dengan LPPM. Metode dalam penelitian ini adalah metode purposive sampling. Sumber data adalah data primer dan data sekunder. Analisis data yakni analisis deskriptif kualitatif dan deskripsi kuantitatif.Kata kunci: wilayah pesisir, pendapatan nelayan, kecamatan Mandolang


2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Dr. Agnes Ogada ◽  
Dr. George Achoki ◽  
Dr. Amos Njuguna

Purpose: The purpose of the study was to determine the moderating effect of economic growth on financial performance of merged institutions Methodology: The study adopted a mixed methodology research design. The study population included all the 51 merged financial service institutions in Kenya. Purposive sampling was used. Primary data was obtained from questionnaires and a secondary data collection template was also used. The researcher used quantitative techniques in analyzing the data. Descriptive analysis for the study included the use of means, frequencies and percentages.  Inferential statistics such as correlation analysis was also used. Panel data analysis was also applied. Further, a pre and post merger analysis was used.Results: There was a significant relationship between the moderating effect of economic growth and financial performance of merged institutions.Unique contribution to theory, practice and policy: The government and Central Bank of Kenya to come up with strategies and policies to protect the financial services sector due to its immense contribution to the economy of the country by formulating policies aimed at controlling the effects of rapid fluctuations of the macro economic factors and their effects on the sector.


2018 ◽  
Vol 5 (1) ◽  
pp. 10
Author(s):  
Tarsim Dan Erga Yuhandra

Abstrak : Reformasi dan otonomi daerah sebenarnya adalah harapan baru bagi pemerintah dan masyarakat desa untuk membangun desanya sesuai kebutuhan dan aspirasi masyarakat. Kewenangan Badan Permusyawaratan Desa (BPD) dalam melaksanakan fungsi pengawasan kepada pemerintah desa. Tujuan penelitian adalah untuk mengetahui kewenangan BPD dalam melaksanakan fungsi pengawasan sesuai Undang-undang Nomor 6 Tahun 2014 tentang Desa dan fakor-faktor yang menjadi kendala Badan Permusyawaratan Desa dalam melaksanakan fungsi pengawasan kepada pemerintah desa di Desa Sukaharja, Kecamatan Cibingbin, Kabupaten Kuningan. Metode penelitian ini dengan pendekatan yuridis empiris, yaitu menggunakan data primer dan sekunder dan dianalisis dengan metode deskriptif analisis. Hasil penelitian ini adalah kewenangan Badan Permusyawaratan Desa dalam melaksanakan fungsi pengawasan sesuai dengan Undang-undang Nomor 6 Tahun 2014 yaitu BPD memiliki hak untuk mengawasi dan meminta informasi tentang administrasi desa kepada pemerintah desa; menyampaikan pendapat tentang pelaksanaan pemerintahan desa, pelaksanaan pembangunan desa, pengembangan masyarakat desa, dan pemberdayaan masyarakat pedesaan; serta mendapatkan biaya operasional untuk pelaksanaan tugas dan fungsi anggaran pendapatan dan belanja desa serta faktor-faktor yang menjadi kendala yaitu dalam menerapkan fungsi supervisi kepada pemerintah desa terbagi menjadi 2 (dua) : faktor internal termasuk: sarana yang tidak memadai, pola komunikasi tidak berjalan dengan baik, dan anggota BPD tidak mengerti fungsi sedangkan faktor eksternal meliputi: masyarakat tidak mengerti fungsi BPD, ada sosialisasi pemerintah desa terkait fungsi Badan Permusyawaratan Desa , dan faktor sumber daya manusia masyarakat desa. Kesimpulan adalah kewenangan BPD dalam melaksanakan fungsi pengawasan sesuai Undang-Undang Nomor 6 Tahun 2014 tentang Desa yaitu BPD yang berhak mendapat pertanggungjawaban kepala desa dan meminta informasi kepada pemerintah desa.Kata kunci: Otoritas, BPD, Pengawasan, dan Pemerintahan Desa.�THE IMPLEMENTATION OF AUTHORITY OF VILLAGE CONSULTATIVE AGENCY IN RUNNING CONTROL FUNCTIONS ON VILLAGE GOVERNMENT (STUDY IN KUNINGAN REGENCY)�Abstract : The writer conducted this research with background to know the authority of Village Consultative Agency (Badan Permusyawaratan Desa) in implementing supervision function to village government. The purposes of writing this research� are to know the authority of Village Consultative Agency in implementing supervision function according to Law Number 6 of 2014 about Village and what factors that become obstacles are faced by Village Consultative Agency in implementing supervision function to village government in Sukaharja Village, Cibingbin District, Kuningan Regency. This research used descriptive analysis research with juridical-normative approach. Stage of research is through literature research using primary and secondary data collected through documentation and analyzed descriptive qualitative method. The result of this research was the authority of Village Consultative Agency� in implementing supervisory function according to Law Number 6 of 2014 namely VCB has the right to supervise and request information about the administration of village administration to village government; to express opinions on the implementation of village governance, implementation of village development, village community development, and empowerment of rural communities; as well as obtaining operational costs for the execution of duties and functions of the village income and expenditure budget. The factors that into two: internal factor including: inadequate means, communication patterns were not working properly, and members of Village Consultative Agency do not understand the functions while external factors include: the community does not understand the functions of Village Consultative Agency, there was a socialization of the village government related to the function of Village Consultative Agency, and the human resource factor of the village community. The conclusion of paper was the authority of Village Consultative Agency in implementing supervision function according to Law Number 6 of 2014 about Village namely VCB was entitled to hold accountability of village head and ask for information to village government.Keywords: Authority, VCB, Supervision, and Village Government.


EcoNews ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 16-27
Author(s):  
Azhari Wispinaldo ◽  
Zulkifli Zulkifli ◽  
Pazli Pazli

The study was conducted between September and October 2019 and took place in Lubuk Bigau Village, Kampar Kiri Hulu Sub-district, Kampar Regency. The purpose of this study was to: 1) identify potentials held by Batang Kapas Waterfall then to be developed as ecotourism in Lubuk Bigau Village, Kampar Kiri Hulu Sub-district, Kampar Regency, 2) analyze economic, social, and cultural condition of ecotourism destination of Batang Kapas Waterfall 3) analyze strategies to develop ecotourism destination of Batang Kapas Waterfall in Lubuk Bigau Village, Kampar Kiri Hulu Sub-district, Kampar Regency. This study applied qualitative method with descriptive analysis approach. The data collected in this study were both primary and secondary data. The primary data was gained through interviews to extract information regarding the development of ecotourism destination of Batang Kapas Waterfall. In addition, field observation was conducted in the area. The secondary data collected from various sources: related reports as well as academic, regional, and organizational publication. The results showed that: (1) the attraction found in the area of Batang Kapas Waterfall is quite unique making it potential to be developed as tourism destination, (2) accessibility is sufficient to support ecotourism development, (3) amenities is sufficient as well to support ecotourism development. Several strategies to develop Batang Kapas Waterfall ecotourism are as follow: 1) Improving stakeholder’s knowledge and awareness regarding development program of Batang Kapas Waterfall ecotourism, 2) government formulating concepts of ecotourism involving related organizations and community through existing nonprofit organizations, 3) focusing on disseminating information on the uniqueness of the nature as well as securing the path so that the tourists will have good impression while visiting either directly or via online, 4) improving local community members’ economy by facilitating them to conduct business in the area, 5) maximizing funding to improve facilities in the area, 6) government using issue of the importance of maintaining the forest and sustainability of the waterfall, which directly relate with the community and tourists’ interest so that it will have educational values for them to protect existing forest ecosystem, 7) using and enforcing the existing regulations to support the development program of Batang Kapas Waterfall ecotourism in Lubuk Bigau Village, Kampar Kiri Hulu Sub-district, Kampar Regency.


2017 ◽  
Vol 13 (2A) ◽  
pp. 311
Author(s):  
Thirza ., Kambey ◽  
Paulus A. Pangemanan ◽  
Mex L. Sondakh

The objective of this research is to know rambutan fruit income ratio during holiday and not holiday. This research was conducted in Talawaan Village Talawaan Subdistrict. For three months, ie from June to August 2015, from preparation, data collection to the preparation of research reports. The data used are primary data obtained through interviews to 20 (twenty) respondents of rice farmers and 20 respondents for sellers of Rambutan Fruit and secondary data obtained from the government of Talawaan subdistrict of North Minahasa. Data analysis used in this research is descriptive analysis, where the data collected will be presented in tabular form. The results showed that agro-tourism influenced the income of rambutan fruit seller is seen from the day of the holiday increment compared to the day is not a holiday.


2021 ◽  
Vol 17 (1) ◽  
pp. 21
Author(s):  
Riana ., Rengkung ◽  
Martha Mareyke Sendow ◽  
Agnes Estephina Loho

The purpose of this study is to formulate the right strategy to develop organic rice in Molompar Dua Utara Village. This study was conducted in November 2019 to March 2020. The data collection method used was a survey method. The data used in this study was primary dan secondary data. The primary data were obtained through direct interview with 11 respondents using a questionnaire, and the secondary data was obtained from the Agriculture Department of Southeast Minahasa Regency. The result of this study shows the right strategy for the development of Agrobiz Mitra’s organic rice is growth oriented strategy, including: maintaining product certification through the use of quality organic seeds and fertilizers, avoiding products from chemical contamination to maintain consumer safety. Furthermore, expanding the marketing network by holding special markets, collaborating with the Government in setting prices for organic farming products, expanding bussiness by improving brand awareness to expand marketing network. On the other hand, experienced farmer engage in the socialization of organic rice farming. 


2021 ◽  
Vol 2 (3) ◽  
pp. 501-506
Author(s):  
Ni Luh Yuni Setyawati ◽  
I Ketut Kasta Arya Wijaya ◽  
Luh Putu Suryani

Plastic waste is one of the causes of environmental problems. Therefore, the Denpasar City Government issued a Mayor Regulation on Reducing the Use of Plastic Bags. The purposes of this study are to reveal the implementation of the Denpasar Mayor Regulation Number 36 of 2018 concerning Reducing the Use of Plastic Bags and the inhibiting factors in the implementation of the Mayor's Regulation Number 36 of 2018. The type of research used is empirical legal research with a statutory approach. The technique of collecting legal materials is done by observation, interviews and documentation methods. Sources of data used are primary and secondary data sources. After the data was collected, the data were analyzed using descriptive analysis techniques. The results of the discussion revealed that the Mayor's regulation was formed with the aim of controlling environmental damage and ensuring the sustainability of living things. The implementation of this regulation has not been effective because there are still many business actors and people who use plastic bags without replacing them with alternative bags. Inhibiting factors in the implementation of Denpasar Mayor Regulation No. 36 of 2018, namely the lack of public awareness of the dangers posed by the use of single-use plastic bags, the existence of the covid-19 pandemic which hinders government programs in directly socializing this regulation. Efforts that can be made by the government in socializing the reduction of plastic use can only be done virtually through mass media in the form of radio and television.


2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ahmad Sabri ◽  
Heri Priyanto

In the view of Islam, the Dhuafa (orphans, destitute, neglected children) occupy the privileges of Allah SWT and His Apostles as in Surah Al-Maun Verses 1-3, for this, it is needed help from individuals and institutions to be able to maintain survival, and not displaced to become irresponsible people. This study illustrates how the Chairman of the Shine Al-Falah Foundation's leadership in fostering the Minangkabau village boarding school for the poor and the Shine Al-Falah Foundation's synergy with the government, donors, and the community. This research uses a qualitative method with a descriptive type. Primary data sources are the chairman, the supervisor of the Shine Al-Falah foundation, while the secondary data are the leader of the Islamic Boarding School, the laziswaf management, the orphanage management, the male / female boarding supervisor and the students. Data collection uses observation, interviews, and documentation. The results showed the leadership of the chairman of the Foundation Shine Al-Falah succeeded in fostering the Minangkabau village boarding school to be able to continue to exist in continuing education development by building participatory leadership to all stakeholders and trying to build synergy with relevant government agencies, the community and donors to run the program planned to meet the educational needs, infrastructure, basic food needs and so on that are suitable for children of poor people in Padang city, especially for children in the Minangkabau Village Islamic Boarding School.


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