scholarly journals Work Relationship Terminated Employees Legal Protection To Get Severance Payment From PT. Kertas Lecess Related To Law Of Bankruptcy And Law Of Labor

2020 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Susilawati Ussy RafaRayya
Keyword(s):  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Economic Aspects ◽  
Economic Point ◽  
Work Relationship ◽  
The Government ◽  
Arbitrary Action ◽  
Debt Payment

This research titled is work relationship terminated employees legal protection to get severance payment from PT. Kertas Lecess related to law of bankruptcy and law of labor. The position of the worker or labor can be seen in two aspects, namely in terms of juridical and socio-economic aspects. From a socio-economic point of view, workers need legal protection from the state for the possibility of arbitrary action by entrepreneur. The form of protection provided by the government is by making regulations that bind workers and employeee, in this case there is Law Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment Jo. Law Number 13 of 2003 concerning Labor Jo. MK Decision No. 67 / PUU-XI / 2013PT. The regulation is used as a basis for employees of PT. Kertas Lecess to sue the BUMN to be declared bankrupt and responsible for paying severance for its employees. PT. Kertas Lecess is a state-owned enterprise (BUMN), which went bankrupt in September 2019. There are around 1800 workers who must receive termination of employment. The value of severance payment for workers affected by layoffs is around Rp. 300 billion. Employees affected by layoffs protest because they have not received severance payment and even 1,900 employees who have not received their salary for 4 years. PT. Kertas Lecess was decided  bankrupt by the Surabaya Commercial Court as a result of the cancellation of the peace proposal submitted by 15 of his employees on September 25, 2018. With the above considerations, the Panel of Judges of the Surabaya District Court, decided to grant the request for a cancellation of peace (Homologation) and stated that PT. Kertas Lecess is proven guilty of negligence for the non-payment of the salaries of PT. Kertas Lecess employees.

scholarly journals Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi

2020 ◽  
Vol 1 (2) ◽  
pp. 281-285
Author(s):  
I Dewa Gede Sastra Buwana ◽  
I Wayan Rideng ◽  
I Ketut Sukadana
Keyword(s):  
Oil And Gas ◽  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Criminal Sanctions ◽  
Legal Literature ◽  
Legal Sanctions ◽  
The Republic ◽  
The Government

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

scholarly journals Perkembangan Gugatan Perbuatan Melanggar Hukum oleh Pemerintah Pasca-Undang-Undang Nomor 30 Tahun 2014 (Development of Lawsuit for Law Violation by the Government Post Statute/Law Number 30 of 2014)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Bagus Oktafian Abrianto ◽  
Xavier Nugraha ◽  
Nathanael Grady
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Judicial Decision ◽  
Government Administration ◽  
The Past ◽  
Procedural Law ◽  
Good Will ◽  
The Absolute ◽  
The Government

The existence of a lawsuit for unlawful acts by the authorities (onrechtmatige overheidsdaad) is one of the means of providing legal protection for the citizens from actions (handling) carried out by the government. Over time, the concept of onrechtmatige overheidsdaad has develops dynamically. The change in the concept of the State Administrative Decree in Article 87 of Law Number 30 of 2014 concerning Government Administration has caused an onrechtmatige overheidsdaad lawsuit which was once the absolute competence of the District Court, and now became the absolute competence of the State Administrative Court. This research attempts to explain the changes in the regulation and changes in the concept of onrechtmatige overheidsdaad after the enactment of Law Number 30 of 2014. The transfer of authority to examine onrechtmatige overheidsdaad lawsuit from the general court to the state administrative court has various juridical consequences, ranging from changes in procedural law, petitum and posita. One of the important consequences is a change related to the implementation or execution of the judicial decision, where in the past, when an onrechtmatige overheidsdaad lawsuit was an absolute competence of a district court, the implementation of the decision depended on the good will of the government. However, after becoming absolute competence of the Administrative Court, there is a mechanism of forced efforts so that the decision can be carried out by the relevant government agencies (defendants).AbstrakKeberadaan gugatan perbuatan melanggar hukum oleh penguasa (onrechtmatige overheidsdaad) merupakan salah satu sarana pelindungan hukum masyarakat atas tindakan (handeling) yang dilakukan oleh pemerintah. Adapun konsep mengenai onrechtmatige overheidsdaad berkembang secara dinamis dari waktu ke waktu. Perubahan konsep Keputusan Tata Usaha Negara (KTUN) di dalam Pasal 87 Undang-Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan, menyebabkan gugatan onrechtmatige overheidsdaad yang dahulu merupakan kompetensi absolut Pengadilan Negeri, berubah menjadi kompetensi absolut Pengadilan Tata Usaha Negara. Penelitian ini berusaha memaparkan mengenai perubahan pengaturan dan perubahan konsep onrechtmatige overheidsdaad pasca berlakunya Undang-Undang Nomor 30 Tahun 2014. Beralihnya kewenangan untuk memeriksa gugatan onrechtmatige overheidsdaad dari lingkungan peradilan umum ke peradilan tata usaha negara memiliki berbagai konsekuensi yuridis, mulai dari perubahan hukum acara, petitum, dan posita. Salah satu konsekuensi yang cukup penting adalah perubahan terkait dengan pelaksanaan putusan atau eksekusi. Dahulu, gugatan onrechtmatige overheidsdaad merupakan kompetensi absolut pengadilan negeri, sehingga pelaksanaan putusan tergantung dari itikad baik (good will) dari pemerintah. Pasca-beralih ke kompetensi absolut PTUN, terdapat mekanisme upaya paksa agar putusan tersebut dapat dijalankan oleh instransi pemerintah terkait (tergugat).

TO THE PROBLEMS OF COMBATING CORRUPTION IN MODERN RUSSIA AND INTERNATIONAL COOPERATION IN THE FIELD OF ANTI-CORRUPTION

2020 ◽  
Author(s):  
Angela Dranishnikova
Keyword(s):  
Large Scale ◽  
The State ◽  
Point Of View ◽  
Modern Life ◽  
Existing Problems ◽  
Moral Point ◽  
Material Goods ◽  
The Russian Federation ◽  
The Difference ◽  
The Government

In the article, the author reflects the existing problems of the fight against corruption in the Russian Federation. He focuses on the opacity of the work of state bodies, leading to an increase in bribery and corruption. The topic we have chosen is socially exciting in our days, since its significance is growing on a large scale at all levels of the investigated aspect of our modern life. Democratic institutions are being jeopardized, the difference in the position of social strata of society in society’s access to material goods is growing, and the state of society is suffering from the moral point of view, citizens are losing confidence in the government, and in the top officials of the state.

Justice as a Personal Virtue and Justice as an Institutional Virtue: Mencius’s Confucian Virtue Politics

2020 ◽  
Vol 2019 (4) ◽  
pp. 277-294
Author(s):  
Yong Huang
Keyword(s):  
Political Philosophy ◽  
Virtue Ethics ◽  
Social Institutions ◽  
Affirmative Answer ◽  
The State ◽  
Point Of View ◽  
Character Traits ◽  
Social Policies ◽  
Moral Principles ◽  
The Government

AbstractIt has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy.

scholarly journals Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1168-1177
Author(s):  
Soesi Idayanti
Keyword(s):  
Legal Protection ◽  
The State ◽  
Government Policies ◽  
Economic Sectors ◽  
Financial Policies ◽  
State Budget ◽  
Government Grants ◽  
The Government ◽  
Precarious Situation

The Covid-19 pandemic, which impacted the health, social, and economic sectors as a non-natural disaster, led the President to make efforts to handle it with state financial policies by stipulating Perpu Number 1 of 2020. Budget misuse during the Covid-19 pandemic should be punishable by the death penalty because carried out when the state is facing a precarious situation; however, in Perpu No.1/2020, the Government grants immunity rights state budget managers. This legal immunity needs to be studied as a standard-issue regarding the state budget to overcome the Covid-19 pandemic. This study aims to examine the pandemic's impact on state finances and how Government policies are in dealing with the Covid-19 pandemic. This study used a normative juridical approach with data obtained from the literature, and the results were analyzed qualitatively. The results showed that the Covid-19 pandemic resulted in the Government changing the output of the use of the state budget aimed at dealing with the pandemic and restoring the country's economic condition due to the pandemic; the legal solution is to stipulate Perpu Number 1 of 2020, which was then approved by the DPR and became Law Number 2 2020. At the technical, operational level, the Government has also issued various policy regulations as a follow-up to Law Number 2 of 2020, which is used as an effort to deal with precarious situations as a result of the Covid-19 pandemic, such as fiscal policy stimulus, taxes, social assistance, and policies. Adjustment of regional finances. The problem that was considered urgent due to the Covid-19 pandemic led the Government to stimulate immunity in Law Number 2 of 2020. However, this immunity is given following the principle of good faith for users of state finances

scholarly journals Potential economic effects of climate change on Finnish agriculture

1996 ◽  
Vol 5 (3) ◽  
pp. 377-385 ◽  
Author(s):  
Lauri Kettunen
Keyword(s):  
Climate Change ◽  
National Economy ◽  
The State ◽  
Point Of View ◽  
Economic Effects ◽  
Farm Income ◽  
Economic Point ◽  
Yield Level ◽  
State Economy ◽  
Fertilizing Effect

In the assessment of the economic effects of climate change, changes in returns and costs have to be taken into consideration. Changes in returns are mainly caused by changes in the yield level. Costs are determined by various factors. Harvesting conditions may improve as the temperatures are higher. However, an increasing need for disease and pest control results in higher costs. Various extensive studies have indicated that rising temperatures with the CO2 fertilizing effect increase the crop potential in Finland. From the economic point of view an increase in yield level is highly significant, because the increase in costs remains quite small, A 10% increase in the yield level raises the farm income by about 6%. Because agriculture is supported in many ways either directly or indirectly, the rise in income level may be offset by lowering the support. Consequently, farmers may not benefit from an increase in the yield level, but the benefit will go to the state economy. However, an increase in the yield level resulting from rising temperatures is advantageous to the national economy, regardless of whether the benefit goes to the farmers or to the state.

scholarly journals RUSSIAN ECONOMY: WHAT IS NOT ENOUGH FOR THE DEVELOPMENT OF INDUSTRIES AND ENTERPRISES

2021 ◽  
pp. 125-133
Author(s):  
A. V. Yaschenko
Keyword(s):  
Theory Of The Firm ◽  
The State ◽  
Point Of View ◽  
Theory And Practice ◽  
High Tech ◽  
State Budget ◽  
Investment Activity ◽  
Russian Economy ◽  
The Government ◽  
Main Thing

The article attempts to assess the results of the development of the Russian economy from the moment of privatization to the present. The urgency of the problem lies in the fact that, despite significant resources, including human capital, the economy is stagnating, there are no structural reforms, and high-tech companies do not appear. The main thing is not creating conditions for business development on the principles of self-organization: entrepreneurship, initiative, personal competence and investment. Reforming the socio-economic system of the USSR has no historical analogue, and is perceived as a unique practice of testing some theoretical positions and hypotheses that guided researchers and entrepreneurs in the framework of a market economy, for example, the theory of market equilibrium, theory of the firm, theory of preferences, and others. Russia has demonstrated a kind of phenomenon, both from the point of view of theory and practice of market transformations, when it is not entrepreneurship, not the investment activity of business and the population, but the narrowly selfish interests of persons affiliated with the government, began to determine market processes, such an economy was called the «economy of individuals», And in the case of a direct focus on the state budget,» the economy of the distribution». The transformations could be based on the market experience of a large number of countries, both developed and developing (China), this has not been done. Time was lost on the creation of new jobs; in the industrial orientation of the state, there were no priorities for the development of important industries for national competitiveness. As a result, the economic growth was lost.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals First Travel Fraud Case and the Legal Protection for the Victims

2021 ◽  
Vol 3 (3) ◽  
pp. 267-280
Author(s):  
Hafizh Siraji
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Material Loss ◽  
The Republic ◽  
Case Number

Fraud committed by PT. First Travel has at least harmed prospective Hajj and Umrah pilgrims as many as 35,000 people, of which the material loss in this case is 500 billion. This is also suspected by the lack of strict regulations made by the state through Law No. 13 of 2008 concerning the implementation of Hajj and Umrah. However, until now the protection for the loss of first travel victims has not been completed, the decision of the Depok District Court with case number 83/Pid.B/2018/PN.Dpk which led to an appeal with case number 3096/K/PID.SUS/2018 decided on January 31, 2019. All assets seized were in accordance with the Decree of the Minister of Justice of the Republic of Indonesia Number M.04.PR.07.03 of 1985 concerning the organization and working procedures of RUTAN and RUPBASAN. This paper is indented to analyze the protection for the victims on the fraud case on PT First Travel Fraud case.

The First Quarantine: How the Plague Became a Political Disease

2021 ◽  
Vol 31 (1) ◽  
pp. 127-142
Keyword(s):  
Medical Treatment ◽  
Everyday Life ◽  
18Th Century ◽  
The State ◽  
Point Of View ◽  
Composite Object ◽  
The Past ◽  
Moral Assessment ◽  
The Government ◽  
Modern Form

The great plague of 1665-1666 is one of the starting points for the birth of biopolitics in its modern form. The quarantine measures introduced by the government have been considered effective from the medical point of view since the middle of the 18th century. However, many of those contemporary with the plague were convinced that the state was only worsening matters for London’s inhabitants. The author examines why the plague elicited such an ambivalent response in England and how the disease stopped being a composite object and turned into a “comfortable, domesticated” concept. The article investigates why the moral assessment of those measures has become so different over the past hundred years and shows how the quarantine in London influenced the “hygienic revolution.” Apart from its historical interest, this case is a suitable topic for the use of STS methodology because it illustrates the impossibility providing a complete description of the quarantine process and subsequent medical treatment in terms of a conflict between different actors. In order to understand why these measures have subsequently been perceived in this fashion, the author applies the concept of Lovecraftian horror, which offers a way to describe the situation of “collisions” with the plague. By describing how biopolitics released the moral tension built up by the co-existence of different interpretations of the causes of the epidemic, the author reconstructs the retrospective creation of the myth about the success of the quarantine. He contrasts the logic of “multiplicity” with the unifying descriptions and shows the kind of problems a “blurred” ontology can bring on during a crisis in everyday life. This leads to a discussion of the difficulty of holding onto unstable objects that have the potential for liberation from the logic of paternalistic care.

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