scholarly journals LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION

2020 ◽  
Vol 7 (3) ◽  
pp. 211
Author(s):  
Haingo Rabarijaona ◽  
Devina Arifani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Employment Relationship ◽  
Legal Research ◽  
Severance Pay ◽  
Legal Norms ◽  
Technological Advances ◽  
The Law ◽  
The Impact ◽  
Modern Era

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals Tanggung Jawab Perusahaan Terhadap Pemenuhan Upah Pekerja dalam Proses Pemberesan Boedel Pailit

2019 ◽  
Vol 8 (3) ◽  
pp. 403
Author(s):  
Iustika Puspita Sari ◽  
Ahyuni Yunus
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Weak Supervision ◽  
The Law

This study aims to analyze the problems of the Company's Responsibility towards Fulfilling the Wages of Employees in the Bankruptcy Boedel Delivery Process; And to find out the factors that inhibit the prior rights of fulfilling the wages of workers in the process of bankruptcy in Boedel. The study used the Normative-Empirical Legal Research method. The Results of the Study Show That: First: The Responsibility of the Company for the Fulfillment of Workers' Rights in the Process of Bankruptcy Boedel Giving Based on the Emergence of Rights and Obligations Between Entrepreneurs and Workers Poured in Work Agreements as Strong Engagement for the Fulfillment of Rights and Obligations (Achievements ) Each Party. Legal Protection of Workers' Rights in the Process of Bankruptcy Boedel Giving Can Be Taken Through 3 (Three) Ways, Namely: 1. Strengthening the Position of the Priority Rights of the Workers / Laborers in the Law, Especially the Bank Law; Second: Factors that Inhibit the Priority Rights of Fulfillment of Workers' Rights in the Process of Bankruptcy Boedel Giving Is Weak Supervision, Absence of Sanction Enforcement and Lack of Transparency in the Process of Bankruptcy of Boedel Companies Penelitian ini bertujuan untuk menganalisis permasalahan Tanggung Jawab Perusahaan Terhadap Pemenuhan Upah Pekerja Dalam Proses Pemberesan Boedel Pailit; Serta Untuk Mengetahui Faktor Yang Menghambat Hak Mendahulu Pemenuhan Upah Pekerja Dalam Proses Pemberesan Boedel Pailit. Penelitian menggunakan metode Penelitian Hukum Normatif-Empiris. Hasil Penelitian Menunjukkan Bahwa:  Pertama: Tanggung Jawab Perusahaan Terhadap Pemenuhan Hak-Hak Pekerja  dalam Proses Pemberesan Boedel Pailit Adalah Berdasar Pada Timbulnya Hak Dan Kewajiban Antara Pengusaha Dan Pekerja Yang Dituangkan Dalam Perjanjian Kerja Sebagai Perikatan Yang Kuat Untuk Pemenuhan Hak Dan Kewajiban (Prestasi) Masing-Masing Pihak. Perlindungan Hukum Atas Hak-Hak Pekerja (Buruh) Dalam Proses Pemberesan Boedel Pailit Dapat Ditempuh Melalui 3 (Tiga) Cara, Yakni: 1. Mempertegas Kedudukan Hak Mendahulu Pihak Pekerja/Buruh Dalam Undang-Undang, Khususnya Undang-Undang Kepailtan; Kedua: Faktor Yang Menghambat Hak Mendahulu Pemenuhan Hak-Hak Pekerja (Buruh) Dalam Proses Pemberesan Boedel Pailit Adalah Lemahnya Pengawasan, Tidak Adanya Penegakan Sanksi Serta Kurangnya Transparansi Dalam Proses Pemberesan Boedel Perusahaan Pailit.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection

2021 ◽  
Vol 3 (1) ◽  
pp. 155-170
Author(s):  
Nirwan Junus ◽  
Karlin Zakaria Mamu ◽  
Mohamad Syahnez W. Aditya Cono
Keyword(s):  
Research Method ◽  
Oil And Gas ◽  
Legal Protection ◽  
Legal Basis ◽  
Legal Research ◽  
Legal Problems ◽  
The Law ◽  
The Government ◽  
Formal Business

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation.  The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.

DAMPAK PEMUTUSAN HUBUNGAN KERJA SELAMA PANDEMI COVID-19 PERSPEKTIF HUKUM KETENAGAKERJAAN

2021 ◽  
Vol 18 (2) ◽  
pp. 142-158
Author(s):  
Suci Flambonita
Keyword(s):  
Research Method ◽  
The Other ◽  
Legal Research ◽  
Regional Office ◽  
Severance Pay ◽  
Work Relations ◽  
Force Majeure ◽  
The Social ◽  
The Government ◽  
The Impact

Research shows a wave of layoffs and a decrease in labor/employee/employee income during the COVID-19 pandemic. The percentage of dismissed workers/employees/employees in Indonesia at the end of April 2020 was 15.6%. Based on data obtained by the South Sumatra Regional Office of Manpower and Transmigration on April 29, 2020, as many as 612 workers in South Sumatra experienced layoffs due to the COVID-19 pandemic. A total of 7,020 workers were laid off and received no wages during the pandemic. The research method used is socio legal research, namely research that examines the social symptoms that exist in society and then correlates them with statutory regulations. The impact of layoffs during this pandemic, many of these companies often use force majeure reasons. On the other hand, to tackle the Covid-19 problem, one of the efforts made by the Government is the Circular of the Minister of Manpower Number M/3/HK04/II/2020 concerning Protection of Workers/Laborers and Business Continuity in the Context of Preventing and Overcoming Covid-19. Some companies that cut off work relations during the COVID-19 pandemic often use force majeure reasons, to avoid wages and severance pay that should be the rights of workers/laborers.

scholarly journals Community Rights Facing Criminal Law in a Human Rights Perspective

2020 ◽  
Vol 1 (2) ◽  
pp. 113-119
Author(s):  
Harisman Harisman
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Dignity ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Assistance ◽  
Legal Research ◽  
Community Rights ◽  
The Impact

Legal protection is one form of human rights that must be obtained by everyone, especially with regard to the application of criminal law that can have the impact of violations and restrictions on the freedom of others as a form of human rights. It is not uncommon for people's rights to be questioned or even contested when dealing with criminal law. To answer this problem, a study was conducted using the legal research method through a normative jurudical approach which was intended to collect secondary data obtained from the literature in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were analyzed qualitatively descriptive. Based on the analysis conducted, it is clearly seen that people's rights in criminal law are part of human rights that must get respect and protection in order to maintain human dignity through efforts that include: equality before the law, presumption of innocent, non-retroactive and legal assistance, and not tortured, punishment or cruel, inhumane treatment, degrading human dignity and dignity, and not treated arbitrarily.

scholarly journals Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal

2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri
Keyword(s):  
Medicinal Product ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Medicinal Products ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
The Law ◽  
Administrative Sanctions

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.

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