scholarly journals PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS HAK UPAH MINIMUM YANG BELUM SEPENUHNYA DIBAYAR (STUDI TERHADAP PUTUSAN NOMOR 58/K/PDT.SUS-PHI/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 389
Author(s):  
Safira Khairani ◽  
Andari Yurikosari
Keyword(s):  
Human Rights ◽  
Minimum Wage ◽  
Industrial Relation ◽  
Dispute Settlement ◽  
District Court ◽  
Wage Policy ◽  
Labour Law ◽  
Human Labour ◽  
The Will ◽  
The Republic

Work and fair and proper remuniration are human rights of every person as stipulated on Article 28 D (2) The 1945 Constitution of The Republic Indonesia. Indonesia Law Number 13 Of 2003 regulates the rights and duties among entrepeneur and workers. Wage shall be received by worker/labourer as remuniration from entrepeneur. Labour Law provides the protection to wage as worker/labour’s right, stipulating that Government establishes a wage policy that protects the rights of worker/labourer such as Minimum Wage in order to fulfill every worker/labourer’s right to earn an income that meets livelihood that is decent for human. Labour Law also stipulates the wage will not be paid if worker/labourer do not perform work unless the worker/labourer has the will to do the job as promised but the entrepeneur does not employ them. The main issue in this research is the workers/labourers of PT. Srirejeki Perdana Steel claimed that they did not received full wage on November 2013 causing the amount of some of their wages lower than the amount of Minimum Wage set under valid statutory legislation. PT. Srirejeki Perdana Steel, postulated the reduction of the wage happened due to an illegal strike performed by the workers/labourers. The verdict on Industrial Relation Dispute Settlement of Bandung District Court and Indonesia Supreme Court did not grant the workers/labourers demand to get the fulfillment of their reducted wage. This research aims to acknowledge whether the protection towards workers/labors’s wage as verdicted by court followed the ruling as stipulated in Labourer Law.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 354
Author(s):  
Nashru Nazar Rosyidi ◽  
Oci Senjaya
Keyword(s):  
Human Rights ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Rule Of Law ◽  
District Court ◽  
Chemical Castration ◽  
The Rule Of Law ◽  
Pros And Cons ◽  
The Republic ◽  
The Government

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.

scholarly journals PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Darwis Manurung
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The Other ◽  
District Court ◽  
Know How ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
The Republic ◽  
The One

Abstract Litigation dispute resolution is the settlement of a dispute through a court which results in a win and lose decision. The decision gives the one party wins and the other party loses. Non-litigation dispute resolution is the settlement of a dispute outside the court where it produces a win-win solution.Based on the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning Implementation of Duties and Authorities of the Consumer Dispute Settlement Agency Article 3 Letter a states that the dispute resolution process in BPSK can be pursued in three ways, namely by means of Conciliation, Mediation or Arbitration. Through these three ways of resolving it is expected to produce a decision that provides a win-win solution for the parties. However, it is inevitable that in reality not all decisions made by BPSK with this arbitration will give satisfaction to the parties.The purpose of writing this paper is to find out the authority of the District Court to cancel the BPSK Decision and also know how to file an objection to the BPSK Decision.The authority of the District Court to cancel the BPSK Arbitration verdict is based on Article 58 UUPK and Article 41 paragraph (3) Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 350 / MPP / Kep / 12/2001.

scholarly journals Wage Problems in Indonesia in the Human Rights Perspective (Case of Inappropriate Wages for Pot Workers in Tangerang)

2020 ◽  
Vol 2 (1) ◽  
pp. 1-14
Author(s):  
Zahra Zara Mahasin ◽  
Firqotun Naziah ◽  
Ridwan Arifin
Keyword(s):  
Human Rights ◽  
Minimum Wage ◽  
Equal Opportunity ◽  
Employment Relations ◽  
Wage Policy ◽  
Employment Opportunities ◽  
Business World ◽  
The Government ◽  
Abundant Supply ◽  
Labor Skills

This paper analyzes the fulfillment of rights for workers in the case in Tangerang (fulfillment of a decent salary). Whereas, one form of the implementation of the mandate of the 1945 Constitution in realizing decent livelihoods, especially for workers, is the minimum wage policy based on Law No. 13 of 2003 concerning Manpower which aims to provide protection for workers and their families, this is stated by clear in consideration of letter (d) of Law Number 13 of 2003 concerning Manpower, namely that the protection of labor is intended to guarantee the basic rights of workers and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families with still pay attention to the development progress of the business world. The disharmony in employment relations or labor turmoil is mostly caused by wage problems that are felt to be still very low. The low level of wages in Indonesia is caused by the abundant supply of labor, the level of labor skills is very low, and the government has an interest and seeks to create and expand employment opportunities.

scholarly journals The hybrid court – an appropriate solution for the protection of human rights within the territory of the Self-proclaimed Dniester Republic

2021 ◽  
pp. 37-41
Author(s):  
Artur Sircu
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
Criminal Court ◽  
European Convention ◽  
Left Bank ◽  
Territorial Dispute ◽  
Coverage Area ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Impact

Although the practice of hybrid courts was aimed at repressing international crimes, it also represents a reliable and effective model for examining cases on violation of fundamental human rights and freedoms within the territories with contested jurisdiction, not in the light of territorial dispute settlement but from the perspective of remediation, prevention and infringements ending rational within territories where there is no fair, constitutional and independent justice system. Such courts would represent the optimal solution for assessing any cases on human rights violations on the territory of self-proclaimed Dniester Republic in line with the lawfulness exercise, until the final settlement of the Transdniestrian conflict. The jurisdiction could include a panel composed of 7 judges, of which 3 would be appointed by the constitutional authorities of the Republic of Moldova, pursuant to different formulas, 2 – appointed by the UN and 2 – appointed by the OSCE. At least 3 judges shall be preferably from among the former judges of an international jurisdiction (e.g. the International Criminal Court, the European Court of Human Rights etc.). The European Convention on Human Rights could serve as the applicable substantive law, and the legislation of the Republic of Moldova – as the procedural law. The impact of creating such a court would be pivotal for the establishment of a human rights „coverage area” on the left bank of the Dniester. It is recommended however, for the proper functioning of this jurisdiction, especially endowed with confidence in the act of justice under the guarantee of international judges, that the origin of this jurisdiction shall be an external one, preferably a UN based one.

scholarly journals Notary Legal Remedies as Inside Authorities Registration and Registration of Commanditaire Vennootschap through the Administration System of Business Agencies

2021 ◽  
Vol 4 (1) ◽  
pp. 682-689
Author(s):  
Masykur Masykur ◽  
Azhari Yahya ◽  
Dahlan Dahlan
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
District Court ◽  
Public Official ◽  
Power Of Attorney ◽  
Conceptual Approach ◽  
Administration System ◽  
Legal Remedies ◽  
Notary Public ◽  
The Republic

This study aims to explain the limits and responsibilities of the position carried out by the notary in registration of Commanditaire Vennootschap (CV) online through the business entity administration system. The research method used in this research is normative juridical using a statutory and conceptual approach. The collection of research materials is carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the notary was only authorized and responsible for the creation of the deed of CV. Notary cannot receive power of attorney because it contradicts the UUJN which has been stipulated authority and responsibility attached to the position of a Notary. With the enactment of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2018. Registration of CV which was previously in the District Court is delegated to the Ministry of Law and Human Rights through the online system. The entire Notary is acting as an Authorized Officer not as an authorized official, there is a prosecution of an error in the registration process, then the Notary can indirectly be presented in the trial at the Court but it must be with the permission of the Notary Honorary Council. Thus the Notary can refuse to accept power over online CV registration via SABU, because in carrying out such registration a Notary must position himself as a person not as a public official. This is because it is not regulated in Law Number 30 of 2004 concerning the Position of Notary Public. 

scholarly journals Settlement of Will in Inheritance Dispute Case against the Decision of the Supreme Court of the Republic of Indonesia Number: 485 K/AG/2013

2019 ◽  
Vol 6 (2) ◽  
pp. 576
Author(s):  
Mutiara Rahmadhani ◽  
Yaswirman Yaswirman ◽  
Mardenis Mardenis
Keyword(s):  
Supreme Court ◽  
Dispute Settlement ◽  
Adopted Child ◽  
The Supreme Court ◽  
The Will ◽  
The Republic ◽  
Religious Courts ◽  
Legal Consequences

Legal events, one of which is the death of a person, will cause legal consequences on how to follow up the management of the rights and obligations of someone who has died. Islam teaches a set of shari’ah laws regarding inheritance and will. The Medan Religious Court had determined the compulsory heir but it was sued by another heir. On the other hand, based on the Decision of the Supreme Court Number: 485K/Ag/2013, the plaintiff was declared as the compulsory heir and decided that the defendants were not. This certainly can lead to legal uncertainty. Regarding to this case, the author discusses the settlement of will in inheritance dispute because it raises several problems regarding the factor of inheritance dispute, settlement of inheritance dispute, and implementation of the will. The research in this thesis applies a normative juridical method which is an approach through legal research by examining the principles of law and law comparison. Based on the research results, the conclusion that can be drawn is that the factor causing inheritance dispute is the determination of inheritance to adopted child. Settlement of inheritance dispute, against the Decision of the Supreme Court of the Republic of Indonesia Number: 485K/Ag/2013, invalidates the determination of heirs and states that the Decision of the Religious Courts has no legal force. In addition, related to the settlement of the testament to the inheritance dispute against the Decision of the Supreme Court of the Republic of Indonesia Number: 485K/Ag/2013, the judge has determined to give a wasiyah waajibah (binding will) to the adopted child a maximum of 1/3 of the testator’s inheritance.

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

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