scholarly journals ASPEK PIDANA DARI MENAHAN IJAZAH PEKERJA SEBAGAI JAMINAN DALAM PERJANJIAN KERJA

2021 ◽  
Vol 4 (2) ◽  
pp. 237-247
Author(s):  
I Wayan Gde Wiryawan
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Direct Contact ◽  
Labor Law ◽  
Criminal Code ◽  
Employment Agreement ◽  
The World ◽  
Special Rule ◽  
The Impact ◽  
A Company

AbstractThe research conducted by this author is a research that uses normative juridical research methods. Although manpower does not specifically regulate whether or not companies can withhold a worker's diploma, in reality the world of work requires a company to withhold a diploma from a worker as a guarantee from the worker in the employment agreement. With no regulation that provides for or prohibits this, it creates a norm vacuum in labor law, which has implications for allowing the actions of employers to withhold workers' certificates. For this reason, based on human rights, this action is said to be an act that is against the law, because there are human rights of workers that are violated by the company. As a result, it can be canceled from the work agreement because there is an element of coercion even though it is not directly due to the trading position owned by the company. The impact of criminal law from withholding a worker's diploma is that a company can be suspected of embezzlement in office, as a result of its actions that withholding a diploma fulfill the elements in Article 374 of the Criminal Code. It is important to make a special rule that provides provisions on whether or not a company can withhold a worker's diploma which should be regulated in a law that has direct contact with workers and employers/employers, namely the labor law.Keywords: diploma; employment agreement; criminalAbstrakPenelitian yang dilakukan penulis ini adalah penelitian yang menggunakan metode penelitian yuridis normatif. Meskipun ketenagakerjaan tidak mengatur secara khusus tentang memperbolehkan atau tidak memperbolehkan perusahaan menahan ijazah pekerja, tetapi dalam realita dunia kerja perusahaan akan mensyaratkan untuk menahan ijazah dari pekerja sebagai jaminan dari pekerja dalam perjanjian kerja. Dengan tidak ada pengaturan yang memberikan atau melarang hal tersebut menimbulkan kekosongan norma dalam hukum  ketenagakerjaan, yang berimplikasi pada pembiaran terhadap tindakan dari pengusaha yang menahan ijazah pekerja. Untuk itu dengan berlandaskan pada hak asasi manusia, tindakan tersebut dikatakan sebagai sebuah tindakan yang melawan hukum, karena ada hak asasi manusia dari pekerja yang dilanggar oleh perusahaan. Akibatnya dapat dilakukan pembatalan dari perjanjian kerja karena ada unsur paksaan meskipun tidak langsung akibat barganinng position  yang dimiliki oleh perusahaan. Dampak hukum pidana dari menahan ijazah pekerja adalah perusahaan dapat diduga melakukan penggelapan dalam jabatan, akibat perbuatannya yang menahan ijazah memenuhi unsur dalam Pasal 374 KUHP. Pentingnya untuk dibuat sebuah aturan khusus yang memberikan ketentuan tentang dapat atau tidak dapat perusahaan menahan ijazah pekarja yang sebaiknya diatur dalam undang-undang yang bersentuhan langsung dengan pekerja dan pengusaha/pemberi kerja yaitu undang-undang ketenagakerjaan.

The Impact of COVID-19: Democracy in the Time of a Pandemic

Social Change ◽  
2021 ◽  
Vol 51 (4) ◽  
pp. 475-482
Author(s):  
Zoya Hasan
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Social Development ◽  
Health Crisis ◽  
Domain Experts ◽  
Sharp Focus ◽  
The World ◽  
Democratic Rights ◽  
New Challenges ◽  
The Impact

The recent spread of the delta variant of the COVID-19 pandemic in many countries, though uneven, has once again set alarm bells ringing throughout the world. Nearly two years have passed since the onset of this pandemic: vaccines have been developed and vaccination is underway, but the end of the campaign against the pandemic is nowhere in sight. This drive has merely attempted to adjust and readjust, with or without success, to the various fresh challenges that have kept emerging from time to time. The pandemic’s persistence and its handling by the governments both have had implications for citizens’/peoples’ rights as well as for the systems which were in place before the pandemic. In this symposium domain experts investigate, with a sharp focus on India, the interface between the COVID-19 pandemic and democracy, health, education and social sciences. These contributions are notable for their nuanced and insightful examination of the impact of the pandemic on crucial social development issues with special attention to the exacerbated plight of society’s marginalised sections. In India, as in several other countries, the COVID-19 pandemic has affected democracy. The health crisis came at a moment when India was already experiencing democratic backsliding. The pandemic came in handy in imposing greater restrictions on democratic rights, public discussion and political opposition. This note provides an analysis and commentary on how the government’s response to the COVID-19 pandemic impacted governance, at times undermining human rights and democratic processes, and posing a range of new challenges to democracy.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
The Body ◽  
Legal Research ◽  
Corona Virus ◽  
The World ◽  
Law Enforcement Officials ◽  
The Impact

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.

scholarly journals Personal Liability Of Director Of A Company In Insolvency & Investor Frauds Cases

2021 ◽  
Vol 12 (5) ◽  
pp. 1531-1537
Author(s):  
Dr. Hina Kausar
Keyword(s):  
Criminal Law ◽  
Stock Exchange ◽  
White Collar ◽  
Business Environment ◽  
Small Scale ◽  
Internal Mechanism ◽  
The Impact ◽  
A Company ◽  
Personal Liability ◽  
Responsible Person

The present paper contributes to the understanding of impact of corporate scams and scandals and understanding the reason how these frauds and white-collar crimes impact the investors trust and business environment as a whole. When these scams occur the trust of investors break with each and every turnout. The impact of such corporate scams is not limited to the company where it took place but to each and every business, be it big corporate units or it be some small-scale businesses by directly impacting the stock exchange where the shares are listed. The authors have also tried to focus upon the issues and problems faced by the investors of the company while the company got involved in corporate scams and to figure out the responsible person of the company who will be held accountable in such kind of cases. The present study is limited to the extent of personal liability of a Director and too specifically in the cases of fraud and insolvency. White collar crimes are everywhere these days and that need to be treated as a growing branch of the Criminal law in India. With increase in the Globalization companies are growing and along with it the stakeholders of the company are also growing, any scam done will step back the investors to invest again and more in the company. Thereby with increase in the market share of a company the director of the Company has to establish an internal mechanism to tackle various white -collar crimes nurtured and how these are dealt in the court of law.

scholarly journals Expanding the Impact of the Psychology of Working: Engaging Psychology in the Struggle for Decent Work and Human Rights

2018 ◽  
Vol 27 (1) ◽  
pp. 3-28 ◽  
Author(s):  
David L. Blustein ◽  
Maureen E. Kenny ◽  
Annamaria Di Fabio ◽  
Jean Guichard
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Psychological Research ◽  
Significant Loss ◽  
Decent Work ◽  
Human Right ◽  
Human Needs ◽  
The World ◽  
Psychology Of Working ◽  
The Impact

Building on new developments in the psychology of working framework (PWF) and psychology of working theory (PWT), this article proposes a rationale and research agenda for applied psychologists and career development professionals to contribute to the many challenges related to human rights and decent work. Recent and ongoing changes in the world are contributing to a significant loss of decent work, including a rise of unemployment, underemployment, and precarious work across the globe. By failing to satisfy human needs for economic survival, social connection, and self-determination, the loss of decent work undermines individual and societal well-being, particularly for marginalized groups and those without highly marketable skills. Informed by innovations in the PWF/PWT, we offer exemplary research agendas that focus on examining the psychological meaning and impact of economic and social protections, balancing caregiving work and market work, making work more just, and enhancing individual capacities for coping and adapting to changes in the world of work. These examples are intended to stimulate new ideas and initiatives for psychological research that will inform and enhance efforts pertaining to work as a human right.

ON THE BASICS OF THE AXIOLOGY OF POLISH LABOR LAW IN THE REGULATION CONCERNING THE EMPLOYMENT AGREEMENT OF WHITE-COLLAR WORKERS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 443-453
Author(s):  
Maria Bosak-Sojka
Keyword(s):  
Labor Law ◽  
White Collar ◽  
Employment Agreement ◽  
The World ◽  
White Collar Workers

This study is an attempt to answer the question whether the issues that have the fundamental subject of the world of values were included in the first Polish unified labor law regulations. The article, that due to the temporal scope, should be treated, however, as a contribution to contemporary studies as well as the resulting extensive analyzes of axiology.

Part III Regimes and Doctrines, Ch.30 Theorizing Jurisdiction

2016 ◽  
Author(s):  
Noll Gregor
Keyword(s):  
Human Rights ◽  
Human Being ◽  
Sovereign State ◽  
The World ◽  
A Company

This chapter illustrates jurisdiction as an attachment played out in a triangle. This triangle links the creator of jurisdictional entitlement to its holder and to the share of the world to which it relates. To exemplify, the share of the world might be a human being, a company, a territory, or a particular deed subjected to jurisdiction. The holder of jurisdictional entitlement is a state or a court. The creator of jurisdictional entitlement might be a worldly entity such as a number of states (endowing a human rights court with jurisdiction). Or a less tangible entity might be set as the creator (endowing the sovereign state with worldly jurisdiction). This triangle of attachments thus leads to two issues, which is elaborated further on in the chapter.

Indigeneity

Anthropology ◽  
2018 ◽  
Author(s):  
Paulette F. Steeves
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Cultural Practices ◽  
Political Identity ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Historical Continuity ◽  
Regional Area ◽  
The World ◽  
The Impact

There are minimally 370 million Indigenous people in the world. The term Indigenous was not used to identify human groups until recently. Indigenous people are often identified as the First People of a specific regional area. Indigeneity as applied to First People came into use in the 1990s, as many colonized communities fought against erasure, genocide, and forced acculturation under colonial regimes. An often-cited definition of Indigenous peoples is one by Jose Martinez Cobo, special rapporteur for the UN Sub-Commission. Cobo’s 1986 report was completed for the United Nations Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention and Discrimination and Protection of Minorities, thirty-fifth session, item 12 of the provisional agenda, titled, “Study of the Problem of Discrimination against Indigenous Populations.” Cobo described Indigenous people, communities, and nations as groups that have a “historical continuity with pre-colonial societies” within territories they developed, and as communities that “consider themselves distinct from other sectors of societies” now in their territories. Cobo further stressed that Indigenous people and communities are minorities within contemporary populations that work to preserve their ethnic identities and ancestral territories for future generations. It is important to include displaced people whom prior to colonization identified with specific land areas or regional areas as homelands, as well as Indigenous communities that have for decades been in hiding in areas away from their initial homeland areas. Many descendants of Indigenous people were forced to hide their identities for their own safety due to colonization and genocidal policies focused on physical and cultural erasure. That does not make them non-Indigenous. It makes them survivors of genocide, erasure, and forced acculturation. Many Indigenous people are just coming to terms with the impact of ethnic cleansing and the work to reclaim and revive their identities and cultures. Indigenous is both a legal term, and a personal, group, and pan-group identity. Scholars have argued there are at least four thousand Indigenous groups, but that number is likely very low. Indigeneity is not as simple as an opposition to identity erasure or a push back against colonization. Indigeneity is woven through diverse experiences and histories and is often described as a pan-political identity in a postcolonial time. However, that can be misleading, as the world does not yet exist in a postcolonial state, despite ongoing concerted efforts by Indigenous people and their allies in political and academic spheres to decolonize institutions and communities. Diverse Indigenous communities weave Indigeneity through a multifaceted array of space and time to revive identities and cultural practices and to regain or retain land, human rights, heritage, and political standing.

Juris aequalitas inter sexum et sexum Philosophical and Practical Issues of Human Rights, Anomalies, Excerpts from Criminal and Labor Law

2019 ◽  
Vol 6 (2) ◽  
pp. 90-103
Author(s):  
Izolda Takács
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
First Generation ◽  
Labor Law ◽  
Workplace Discrimination ◽  
Equal Treatment ◽  
Labour Law ◽  
Positive Discrimination ◽  
Justice Practice ◽  
Theoretical Foundations

This study outlines the rules that have created full gender equality, starting from the first generation of human rights to equal treatment and then positive discrimination, also briefly referring to the theoretical foundations. The study also points out areas where, besides ius cogens, the disadvantages of women in everyday practice have remained particularly significant. Thus, the second part of the study addresses the main issues of criminal law and workplace discrimination, supported by examples. It is deemed necessary due to issues of labour law and criminal justice practice illustrating most clearly why ensuring equality before the law does not suffice. At the same time, the need for much more gender-sensitive legislation and legal redress is being formulated, especially in the areas mentioned above.

TOWARD ANALYZING THE IMPACT OF ADVERTISEMENT BILLBOARDS ON SOCCER TELECAST VIEWERS

2010 ◽  
Vol 09 (03) ◽  
pp. 241-269 ◽  
Author(s):  
SUPRIO DAS ◽  
SHAMIK SURAL ◽  
ARUN K. MAJUMDAR
Keyword(s):  
World Cup ◽  
Second Stage ◽  
Set Membership ◽  
The World ◽  
Potential Impact ◽  
Visual Impact ◽  
Two Parameters ◽  
The Impact ◽  
A Company ◽  
Level Analysis

Important soccer tournaments like the World Cup and the European Cup are broadcast to billions of people across the world. Therefore, advertising through billboards surrounding the playing arena in a soccer match is very attractive for promoting the brand image of a company. Analysis of strength and weakness of such an advertisement is helpful for the sponsors since a lot of money is spent on it and due to its potential impact on a large number of viewers at the same time. In this paper, we present a two-stage fuzzy system for analyzing the visual impact of advertisement billboards in soccer telecasts. In the first stage, visual impact of each shot is evaluated. Two parameters, namely, size and duration, of the billboards are considered in the fuzzy rules. After the shot level analysis, results are combined in the second stage to derive an overall visual impact. In both the stages, parameters of the fuzzy set membership functions are tuned using the Particle Swarm Optimization algorithm. The results have been compared against a user survey.

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