ASAS KEPATUHAN DALAM MENJALANKAN SISTEM PERJANJIAN KERJA WAKTU TERTENTU DI WILAYAH BOGOR

2020 ◽  
Vol 12 (2) ◽  
pp. 153
Author(s):  
Iwan Wahyudi ◽  
Martin Roestamy ◽  
Endeh Suhartini
Keyword(s):  
Legal Culture ◽  
Job Security ◽  
Sociological Research ◽  
Labour Law ◽  
Severance Pay ◽  
Law System ◽  
Applicable Law ◽  
Legal Structure ◽  
Work Tenure ◽  
Permanent Workers

The purpose of this study are: 1) To find out and analyze the principle of compliance in carrying out a Temporary Appointment Work Agreement system in the Bogor area. 2) To find out and analyze steps to improve the fate of workers in a Temporary Appointment Work Agreement system in the Bogor area. The research method used in this research is normative juridical research and sociological research. The results of this study are: 1) The principle of compliance in carrying out the system of Temporary Appointment Work Agreement in Bogor Regency and Bogor City, in practice there are still frequent violations, due to unclear rules regarding the application of a Temporary Appointment Work Agreement (PKWT). 2) Measures to improve the fate of PKWT system workers, in terms of legal structure refer to the form and position of legal institutions contained in the labour law system. For workers who are not in accordance with the laws and regulations, for the sake of law will change to PKWTT, which is changed to become permanent workers. The protection provided is in the form of rights and obligations as permanent workers in the form of protection of the rights to wages, occupational health, job security, severance pay, reward money for work tenure, and work replacement money. Legal culture (legal culture) includes the values contained in the community that underlies the applicable law in PKWT.

scholarly journals Peranan POLRI Dalam Penanggulangan Tindak Pidana Narkotika: Studi Kabupaten Gorontalo

2020 ◽  
Vol 1 (2) ◽  
pp. 283-296
Author(s):  
Zaufi Amri ◽  
Ahyuni Yunus Yunus ◽  
Baharuddin Badaru
Keyword(s):  
Public Awareness ◽  
Legal Culture ◽  
Sociological Research ◽  
Community Factors ◽  
Legal Structure ◽  
Structure Factors ◽  
Narcotics Trafficking ◽  
National Police ◽  
Illicit Trafficking

Penelitian ini bertujuan untuk menganalisis pernanan Polri dalam Penanganggulangan Tindak Pidana Narkotika di Kabupaten Gorontalo. Metode penelitian menggunakan metode penelitian yuridis-sosiologis. Hasil penelitian bahwa efektivitas fungsi polisi dalam penyidikan tindak pidana narkotika di kota Gorontalo masih kurang efektif. Hal ini terbukti dengan semakin meningkatnya peredaran gelap maupun penyalahgunaan narkotika. Adapun upaya polisi saat ini dapat digolongkan menjadi tiga bagian yaitu secara preventif, pre-emtif, dan represif. Namun upaya-upaya ini belum efektif karena kurangnya kesadaran masyarakat akan bahaya penyalahgunaan narkotika serta mudahnya narkotika didapatkan oleh masyarakat. Sedangkan faktor-faktor yang mempengaruhi peranan kepolisian dalam menanggulangi peredaran gelap narkotika di Gorontalo antara lain: faktor substansi hukum, faktor struktur hukum, faktor sarana dan prasarana, faktor masyarakat, dan faktor kebudayaan hukum. This study aims to analyze the role of the National Police in the Management of Narcotics Crime in Gorontalo District. The research method uses juridical-sociological research methods. The results showed that the effectiveness of the police function in investigating narcotics crime in Gorontalo city is still not effective. This is evidenced by the increasing number of illicit trafficking and drug abuse. The current police efforts can be classified into three parts, namely preventive, pre-emptive, and repressive. However, these efforts have not been effective because of the lack of public awareness of the dangers of narcotics abuse and the ease with which narcotics are obtained by the community. Meanwhile, the factors that influence the role of the police in overcoming illicit narcotics trafficking in Gorontalo include: legal substance factors, legal structure factors, facilities and infrastructure factors, community factors, and legal culture factors

Problematika Yuridis Wakaf Hak Kekayaan Intelektual di Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 123-138
Author(s):  
Eva Mir'atun Niswah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Culture ◽  
Legal Structure ◽  
Clear Explanation

Intellectual Property Rights (IPR) is one of movable objects that can be represented according to waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf). The previous regulations did not mention IPR as waqf object. IPR becomes waqf object because there is a shift of  paradigm on productive waqf. However, the waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf) has many juridical problems. For example, there is no specific explanation about IPR waqf as well as money waqf. Besides, the IPR practice is very rare due to unclear forms of IPR waqf. Juridical problems on IPR waqf are related to legal substance, legal structure and legal culture. On legal substance, there is no clear explanation and mechanism of IPR waqf. On legal structure, there is no clear explanations about who can be the wakif or nazir on IPR waqf. On legal culture, many people are still unfamiliar with intangible waqf object (the conventional waqf object is land). Therefore, the acceptance of an intangible object such as IPR as a waqf object is very low.

Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court

2021 ◽  
Vol 6 (1) ◽  
pp. 78
Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
Analysis Framework ◽  
Legal Structure ◽  
Inhibiting Factors ◽  
The Law ◽  
Mediation Effectiveness

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>

scholarly journals KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

2021 ◽  
Vol 10 (2) ◽  
pp. 116-137
Author(s):  
Dr.Bambang Ali Kusumo,S.H,Mhum.
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Culture ◽  
Tax Law ◽  
Applicable Law ◽  
Individual Person ◽  
Procedural Law ◽  
Legal Structures ◽  
Data Source ◽  
The Subject

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.  

scholarly journals IMPLEMENTASI KEPUTUSAN GUBERNUR KEPALA DAERAH TINGKAT I BALI NOMOR 394 TAHUN 1997 DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI SEKAA/ ORGANISASI KESENIAN

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
I MADE BADRA
Keyword(s):  
Legal Culture ◽  
Service Users ◽  
Arts Organizations ◽  
Legal Certainty ◽  
Legal Structure ◽  
The Government ◽  
The Times

In order to create order and legal certainty to the type and quality of local artsto tourism, the Government of Bali Province issued the Regional Decision of TheGovernor of The Head of Bali Number 394 of 1997 on Regulating Regional Arts onThe Province of Bali. Implementation of the Regional Decision of The Governor ofThe Head of Bali Number 394 of 1997 on Regulating Regional Arts on The Provinceof Bali of the terms, procedures and sanctions do not work effectively. These arecaused because of legal substance, legal structure, legal culture and the means andfacilities. To optimize the decision made by the Governor of the preventive andrepressive efforts. To streamline the implementation of the Regional Decision of TheGovernor of The Head of Bali Number 394 of 1997 will require a synergy betweenthe Department of Culture, sekaa / arts organizations and the service users. RegionalDecision of The Governor of The Head of Bali Number 394 of 1997 should have tobe amended because it does not fit with the times. Bali Provincial Cultural Officeshould be more proactive in doing preventive and repressive efforts in upholding theRegional Decision of The Governor of The Head of Bali Number 394 of 1997.

scholarly journals Challenges for social policy and health policy in a shared economy

2020 ◽  
Vol 74 ◽  
pp. 03007
Author(s):  
Mária Nováková ◽  
Eduard Burda ◽  
Silvia Capíková
Keyword(s):  
Health Policy ◽  
Social Policy ◽  
Social Science ◽  
Tax Evasion ◽  
Sociological Research ◽  
Labour Law ◽  
Digital Platforms ◽  
Modern Economy ◽  
Undeclared Work ◽  
The Social

The rapid and unrestrained growth of the shared economy segment surprised the legislators, theorists and scientists in labour law. The enormous development of the shared economy and digital platforms surprised many areas of social science that were unable to respond proactively and provide reliable solutions to emerging problems, that arise from the absence of basic rules and at least in partial regulation of the modern economy. There is no quality psychological and sociological research that would pave the way for legislation. Available psychological studies of the behaviour of the upcoming generation of “millennials” suggest some incentives for change, but not as much as the solution to the problems would require. In the article I will try to outline the social and health aspects of the shared economy that entails the philosophy of not owning, but borrowing. We will also focus our attention on the criminal aspects of undeclared work, possible tax evasion and unbalanced competition as a result of the organic development of the shared economy and digital platforms.

Part IV The ICC and its Applicable Law, 21 Co-Perpetration: German Dogmatik or German Invasion?

2015 ◽  
Author(s):  
David Ohlin Jens
Keyword(s):  
General Theory ◽  
Control Theory ◽  
International Law ◽  
Criminal Law ◽  
Historical Context ◽  
Legal Culture ◽  
Applicable Law ◽  
First Order

The current doctrines of co-perpetration, most notably the control theory of perpetration, are heavily influenced by German criminal law theory. To some critics, the ICC’s importation of Claus Roxin’s control theory is evidence that one legal culture is having an outsized influence on the direction of the Court’s jurisprudence. This chapter situates the current doctrines within historical context. It lays out the foundations of the ICC doctrine of co-perpetration and evaluates the most notable objections to it, including alternate versions of co-perpetration. The chapter argues that the criticism about the ICC becoming too weighted towards the criminal law approach of one particular system is unfair, since the Court engages in first-order questions of criminal law theory. Nevertheless, the criticism remains that the Court has done insufficient work to justify its methodology and properly ground its importation of domestic criminal law theory within a general theory of sources of international law.

Legal education and training of minors as a moral and legal aspect of personality development

2020 ◽  
pp. 59-67
Author(s):  
Laura Turkaeva
Keyword(s):  
Personality Development ◽  
Legal Aspect ◽  
Legal Education ◽  
Integrated Approach ◽  
Legal Culture ◽  
Education And Training ◽  
The State ◽  
Constitutional Rights ◽  
Legal Structure ◽  
And Training

The relevance of this work consists in the fact that at the present stage of society's development, full legal education and training of minors can be achieved through the aspiration of a person to learn the basics of legislation and to show respect for them. Considering the state and legal structure of the Russian Federation, this issue is given special attention. At the same time, knowledge and respect for laws do not yet cover the entire spectrum of the legal culture of the younger generation, since they must also understand and comply with them. Whereas by virtue of their harmonious combination, the coefficient of legal awareness and legal culture of modern children is taking shape. The need to strengthen preventive measures of educational impact is increasing every day. Every child should be aware of and feel the protection and priority of constitutional rights and freedoms. Scientific studies show the need for legal education of children using the state mechanism of influence, taking into account educational institutions, age qualifications and home conditions in which the child is brought up. In addition, positive dynamics in this problem will be observed only through the integrated approach of all state bodies represented by the three branches of government (legislative, executive and judicial), and using the experience of the European powers with the subsequent unification of international law.

scholarly journals Legal Awareness Dynamics of the Population of the South of Russia: Cognitive Aspect

Legal Concept ◽  
2019 ◽  
pp. 75-82
Author(s):  
Lyudmila Klimenko ◽  
Oksana Posukhova ◽  
Pavel Budaev
Keyword(s):  
Human Rights ◽  
Legal Culture ◽  
Legal Responsibility ◽  
Sociological Research ◽  
The South ◽  
Cognitive Component ◽  
Cultural Heterogeneity ◽  
Cognitive Components ◽  
Rostov Region ◽  
The Right

Introduction: the integration processes in the South of Russia are complicated by the ethno-cultural heterogeneity of the macroregion, different levels of socio-economic development of the subregions and differences in the societal values of the ethno-territorial communities. In these conditions, a similar legal culture serves as the basis for the consolidation of different groups of the population. The purpose of the paper is to analyze the dynamics of the legal culture cognitive component of the population of the multi-ethnic territories of Southern Russia. Methods: the empirical basis of the study was formed as part of comparative sociological research, when more than two thousand people were interviewed in the Rostov region, Adygea and Kabardino- Balkaria in 2001-2019. Results: as a rule, the legal culture of a civil-activist type should dominate in a modernized society, when the population understands and recognizes the priority of human rights and freedoms, legal responsibility, shows respect for the existing laws. Therefore, the study of the cognitive components of the legal culture of South-Russian residents includes the analysis of knowledge and perceptions of the respondents about the basic signs of the legal state, the permissibility of limitations of human rights, the degree of importance of the rights of different actors in society, the status of law, legislation in the case of administrative arrest and witness testimony. Conclusions: the empirical tests show a rather low level of specific legal knowledge of the population in all the considered territorial subjects of the South of Russia. Moreover, from the first to the last stages of the study, the dynamics of the knowledge level is decreasing. The priority of the right is not always manifested in the attitudes of the surveyed residents in the macroregion. Against this background, in the Rostov region at different stages of the study a stable group of respondents (about half of the respondents), for whom the legal norm is a legitimate regulator of behavior, was recorded. In the republican segment, the situation is volatile; the lagging dynamics of legal systems of a civil type in the Republic of Adygea and the accelerating one – in Kabardino-Balkaria are revealed.

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