scholarly journals PERLINDUNGAN HUKUM TERHADAP PEJABAT PEMBUAT KOMITMEN (PPK) DALAM PENGADAAN BARANG/JASA PEMERINTAH PADA SISTEM PENGADAAN SECARA ELEKTRONIK

Legal Spirit ◽  
2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Mita Kristiani
Keyword(s):  
Legal Protection ◽  
Government Procurement ◽  
Legal Assistance ◽  
Government Services ◽  
The Government ◽  
Laws And Regulations

Legal protection or legal assistance for government procurement of goods services is actually regulated  in relevant laws and regulations, but what kind of protection has not been explained and regulated in detail in the laws and regulations. Due to the absence of a rule that regulates explicitly and clearly related to the protection of actors in the procurement of government goods/services and the lack of attention from the government. So based on this, the thing offered is the need to make a policy that regulates clearly and completely related to the protection of government procurement of goods/services.Keywords: Procurement of Government Services, Commitment Making Officer, Legal protection

scholarly journals Legal Protection Model for Indonesian Migrant Workers

2018 ◽  
Vol 3 (02) ◽  
pp. 291-304
Author(s):  
Anis Widyawati
Keyword(s):  
Saudi Arabia ◽  
Migrant Workers ◽  
Middle Eastern ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Systems ◽  
Level Of Education ◽  
Low Level ◽  
The Republic ◽  
The Government

The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.

scholarly journals Umbrella Act as a Solution to Overcome Conflicting Regulations During the Covid-19 Pandemic

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 709
Author(s):  
M. Kenza Radhya E A ◽  
Ersya Dwi Nurifanti
Keyword(s):  
Legal Protection ◽  
Legal Aspects ◽  
Government Policies ◽  
Economic Sectors ◽  
Unresolved Problem ◽  
The World ◽  
New Challenges ◽  
The Government ◽  
Laws And Regulations

The Covid-19 pandemic brings new challenges to people around the world, including Indonesia. In Indonesia, the Covid-19 pandemic is still an unresolved problem. As a result of the Covid-19 pandemic, besides threatening health and the economy, it is also exacerbated by government policies. Conflicting policies hinder obstacles in handling the Covid-19 pandemic. The need for a solution in the form of the formation of an umbrella act to overcome the conditions caused by the covid-19 pandemic, which covers the health and economic sectors, can be a solution to the conflicts applied by the Government, and the Umbrella Act can answer the Government's confusion in overcoming this pandemic. This study uses a normative method that discusses legal aspects by critically analyzing library materials applicable to laws and regulations. Umbrella actions can go beyond conflicting with an integrated rule. The Umbrella act can be applied in Indonesia and can be a solution to overcome the number of cases of the Covid-19 pandemic, which is still relatively high. With the Umbrella Act, the Government's responsibility will be fulfilled to provide legal protection to the community. The Umbrella Act, which has been proven to overcome conflicting regulations, will solve the current emergency. With the Umbrella Act, the Government's responsibility will fulfill to provide legal protection to society.

scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals Tinjauan Hukum Terhadap Kompetensi Peradilan Tata Usaha Negara dalam Menyelesaikan Sengketa Tanah

2018 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Marten Bunga
Keyword(s):  
Legal Protection ◽  
The State ◽  
Land Dispute ◽  
Legal Factor ◽  
State Administration ◽  
Land Disputes ◽  
The Government ◽  
The Right ◽  
Dispute Resolution Mechanism ◽  
Laws And Regulations

The scope of land disputes that became the competence of the State Administrative Judicature according to the judicial principle adopted in Indonesia, the implementation of the Decision of the State Administrative Court in the settlement of land disputes.This research is conducted through normative legal approach (juridical normative), that is how law is utilized as an instrument to realize the application of land dispute resolution mechanism through authority to try State Administration Court. This research uses normative legal research type to identify and analyze legal factor which is an obstacle in the application of legislation, where this study refers to the laws and regulations on land and State Administration Judicature Law, court decisions and other legal materials.That the State Administration Dispute in the field of land arises because of a written stipulation issued by the State Administration or Administrative Officer containing State Administration law action which in accordance with the prevailing laws and regulations has been concrete, individual and final in the form of land certificate of ownership the right to land issued by the Government. Implementation of the Decision of State Administration which has been decided and has the force of law in practice raises a polemic in the community where the State Administration officials are not willing to carry out the decision of the Administrative Court of the State. This condition is caused because the State Administrative Court is not the executor (executor of the decision) but only as supervisor of the implementation of the decision, for all government actions in order not to violate the law and the role of legal protection for the community.

scholarly journals SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE

2020 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
ADHITYA WIDYA KARTIKA ◽  
SUTRISNO SUTRISNO
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Human Life ◽  
Legal Protection ◽  
The Rule Of Law ◽  
The Government ◽  
Laws And Regulations

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>

scholarly journals PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2020 ◽  
Vol 12 (1) ◽  
pp. 74
Author(s):  
Roni Ismail ◽  
Endeh Suhartini
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Private University ◽  
Legal Assistance ◽  
Legal Aid ◽  
Internal Factors ◽  
The Poor ◽  
The People ◽  
Constitutional Right ◽  
The Government

Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization  which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the  Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City

scholarly journals Legal Protection Effort towards Mark Owner from the Share-in Jar Cosmetic Trade

2021 ◽  
Vol 3 (1) ◽  
pp. 26-39
Author(s):  
Sheril Firdausy ◽  
Anajeng Esri Edhi Mahanani
Keyword(s):  
Dispute Resolution ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Analysis Method ◽  
License Agreement ◽  
Literature Study ◽  
Legal Research ◽  
The Government ◽  
Legal Consequences ◽  
Laws And Regulations

This study aims to analyze and understand the legal protection towards the mark owner from the share-in jar cosmetic trade and the legal consequences for business actors who do share-in jar cosmetic trade. The type of legal research used in this study is a normative juridical legal research method. The data collection in this study was conducted through a literature study from the laws and regulations, journals, research results, and books. The data analysis used in this research is the descriptive analysis method. The results of the study show that the legal protection towards the mark owner from the share-in jar cosmetic trade can be carried out through preventive and repressive legal protection efforts. Legal protection efforts are preventively carried out by registering the mark to get legal protection as a legal mark owner. Repressive legal protection efforts for trademarks can be done by litigation dispute resolution and non-litigation dispute resolution. The legal consequences for business actors who do share-in jar cosmetic trade are compensate for damages and/or ceasing all acts related to mark use. Therefore, it is recommended to the mark owner to provide cosmetics with trial or sample sizes. In this case, so that consumers try first about their compatibility with these cosmetics. On the other hand, business actors doing share-in cosmetic jar trade must make a license agreement with the mark owner. Furthermore, the government needs to include criteria for violations of right on mark in laws and regulations. This is purpose to increase legal protection towards the mark owner from the share-in jar cosmetic trade in the future.

scholarly journals Perlindungan Hukum Terhadap Tenaga Kerja Lokal dalam Undang-undang Nomor 11 Tahun 2020 tentang Omnibus Law Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 478-484
Author(s):  
May Linda Iswaningsih ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Legal Protection ◽  
Regulatory Reform ◽  
Conceptual Approach ◽  
Investment Companies ◽  
Protection Of Human Rights ◽  
The Government ◽  
Materials Used ◽  
New Policies ◽  
Good Plan ◽  
Laws And Regulations

Regulatory problems and the disharmony of laws and regulations in labor law in Indonesia have forced the government to reform the rules through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a state of law (rechtsstaat) adopted by the Indonesian state includes the protection of human rights as well as legal certainty and is based on the law. Economic development is very important for improving people's welfare. The purpose of this study is to analyze the regulation of the omnibus law of work copyright for local workers in foreign investment companies in Indonesia and the form of legal protection of the omnibus law of work copyright for workers. The type of research used is the type of normative law research with a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary. The technique of collecting legal materials by analyzing and citing applicable laws and regulations from books, literature, and other sources. The results of the study reveal that the omnibus law concept is one of the breakthroughs to reorganize current regulations. To minimize the occurrence of disharmony and overlapping of existing laws and regulations, the omnibus law is a good plan for structuring regulations. The Indonesian people must formulate new policies that are able to make Indonesia compete with countries in the world to attract investment. These policies must be able to restore the wheels of the slumped Indonesian economy. Regulatory reform is expected to help ensure that laws and regulations in all areas of activity are fully responsive to changing economic, social and technological conditions that surround them.

scholarly journals Sosialisasi Pendampingan Hukum Terhadap Anak Asuh di SOS Children Villages

2019 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Nila Trisna
Keyword(s):  
Child Protection ◽  
Growth And Development ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Assistance ◽  
The West ◽  
District Government ◽  
Perpetrators And Victims ◽  
The Government

Law No. 35 of 2014 concerning protection of children also guarantees the fulfillment of children's rights to survival, growth and development and is entitled to protection from violence and discrimination. Fulfillment of the rights of basic needs and protection for children in the scope of West Aceh has not yet been fully implemented. The process of conducting the socialization was carried out by the method of exposure and discussion of legal counseling materials about the role and obligations of the Government in providing legal protection to children who need legal assistance. The participation of all parties in paying attention to the protection of children is one thing that is very urgent. Given cases involving children in conflict with the law both as perpetrators and victims, often ignoring the rights of children who should be protected by laws and regulations. This is what needs to be done by all parties to encourage the West Aceh District Government to immediately give birth a Qanun on Child Protection. So that with regulations specifically related to child protection, children's rights are guaranteed by law. 

scholarly journals Perkembangan Aspek Hukum Alih Teknologi Di Indonesia

2020 ◽  
Vol 15 (2) ◽  
pp. 108-135
Author(s):  
Reinardus Budi Prasetiyo
Keyword(s):  
Technology Transfer ◽  
Host Country ◽  
Research Method ◽  
Legal Protection ◽  
Developed Countries ◽  
Legal Research ◽  
Transfer Of Technology ◽  
Transnational Companies ◽  
The Government ◽  
Laws And Regulations

This legal research aims to analyze the various applicable laws and regulations related to the rules on technology transfer in Indonesia. The legal research method used in this legal research uses normative legal research and uses secondary legal material as a reference for collecting data. This legal research would like to convey the need for regulation of Sui Generis technology transfer which has become an interesting old issue and needs to be discussed. That the rules of technology transfer which are spread in various laws and regulations are felt to be unable to provide legal protection for the host country where developed countries invest and establish their companies. Inability to provide protection is basically no strict sanctions if the country or TNC does not make efforts to transfer technology as mandated by the legislation. This because the provisions regarding transfer technology are an agreement and do not have compelling power for developed countries or transnational companies. Therefore, by doing the preparation of technology transfer sui generis as well as special attention from the government about this condition, it will provide benefits and advantages for the host country to manage the transfer of technology that it obtains

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