scholarly journals PERLINDUNGAN PEMBAYARAN UPAH PEKERJA PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 100/PUU-X/2012 TENTANG UJI MATERIAL UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

2020 ◽  
Vol 15 (1) ◽  
pp. 1-16
Author(s):  
Dede Agus Agus
Keyword(s):  
Judicial Review ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Employment Relationships ◽  
Wage Payment ◽  
Qualitative Descriptive ◽  
The Right

Employers may be protected from the obligation to pay wages and any payments arising from employment if it has expired two year since the inception of the right. This is unfair to workers (harm), then judicial review an article 96 of Law No.13 of 2003 on Manpower to Constitution by the Constitutional Court Decision Number 100 / PUU-X / 2012. Therefore, this paper is aimed to discuss  the protection of wage payment of workers post-judicial review. This research method, normative juridical based on the secondary data and the statute approach, conceptual approach, case approach and qualitative descriptive analysis. The results showed that the Post-Decision of the Constitutional Court payment of wages of workers has been protected, this is  no expiry in the payment of wages and other benefits. The Constitutional Court declares that Article 96 of Law No.13 of 2003 is contradictory to the  Constitution, and has no binding force. The Constitutional Court's verdict provides legal certainty that wages and any payments arising from employment relationships may at any time be prosecuted if they have not been fulfilled, but on the other hand it creates legal uncertainty, since the expiration institution is created by law in the context of legal certainty.

scholarly journals PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI

2019 ◽  
Vol 1 (2) ◽  
pp. 164-176
Author(s):  
Muhammad Salam Amrullah
Keyword(s):  
Descriptive Analysis ◽  
Research Result ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Constitutional Court ◽  
The Public ◽  
Qualitative Descriptive ◽  
Right To Vote ◽  
The Law ◽  
The Right

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN)

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Agus Sudiarawan
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Industrial Relations ◽  
Secondary Data ◽  
Empirical Method ◽  
Primary Data ◽  
Constitutional Court ◽  
Inhibiting Factors ◽  
The Government ◽  
The Right

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

scholarly journals IMPLIKASI HUKUM PENGUJIAN PERATURAN DAERAH PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945

2019 ◽  
Vol 19 (1) ◽  
pp. 60
Author(s):  
King Faisal Sulaiman
Keyword(s):  
Secondary Data ◽  
Problem Formulation ◽  
Testing System ◽  
Constitutional Court ◽  
Regional Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Discourses ◽  
Position Regulation ◽  
The Right

<p><em>This study aims to explain in detail why the dualism of local regulations testing after the amendment of the 1945 Constitution Research is also directed to provide a testing system solutions in the future regulation. Legal discourses are still academic debate is when the right of judicial review by the Supreme Court Regulation hostage by Law No. 23 of 2014 on Regional Government. Supremacy of the constitution as part of the main characteristics of the legal state impressed distorted due to the duality of the regulation testing including how the implications of the Constitutional Court Number 137 PUU-XIII / 2015 Jo Court Number 56 / PUU-XIV / 2016 on June 14, 2017 last. Position regulation as executive versus legislative product as much a part of this study in order to find the ideal solution testing legislation in the future.The research method used was a normative legal research (legal research) which is based on the study of literature or secondary data divided form the primary legal materials, secondary law material and tertiary legal materials. Models used approach is the approach of law (statute aproach) and conceptual approach (conceptual aproach). A number of secondary data collected will be analyzed by descriptive qualitative where the process used deductive thinking. To get accuracy of understanding (subtilitas itellegendi) and accuracy translating (subtilitas explicandi) to solve the problem formulation.</em><strong></strong></p>

scholarly journals IMPLEMENTASI TANGGUNG JAWAB PENGELOLA APOTIK TERHADAP KONSUMEN OBAT

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mig Irianto Legowo
Keyword(s):  
Descriptive Analysis ◽  
Pharmacy Practice ◽  
Secondary Data ◽  
Primary Data ◽  
Drug Supply ◽  
Collection Method ◽  
Capital Owner ◽  
Life Threatening ◽  
Qualitative Descriptive ◽  
The Right

The pharmacy is a pharmacy or place of service where pharmacy practice is carried out by pharmacists. In accordance with the provisions of a pharmacist can establish a Pharmacy with its own capital and / or capital from a capital owner both individuals and companies. Furthermore, in the case of pharmacists who establish a pharmacy in collaboration with capital owners, the work of organizing mandatory pharmacy is still carried out entirely by the pharmacist in question, therefore the responsibility of the pharmacist is as the manager of the pharmacy, which raises responsibility for the drug consumers The businessman / manager of the pharmacy is also obliged to provide the right service and information to the drug consumers. This study entitled Implementation of the Responsibility of Pharmacy Management for Drug Consumers aims to (1) know the responsibility of the pharmacist / manager to consumers in providing medicines, (2 ) to find out the problems faced by businessmen / managers of pharmacies in carrying out their obligations to dru. The type of research used is normative juridical with research specifications that are descriptive analytical. In this study the data is obtained from secondary data as primary data and primary data as supporting data (complementary). While the data collection method is interviews for primary data and literature studies for secondary data. The data obtained is presented in the form of a description of the event and then analyzed by qualitative descriptive analysis. In the case of a Pharmacy committing a serious violation that is life-threatening, then the SIA sanction for a Pharmacist's License Letter can be revoked without prior warning. (2) problems of problems faced by employers or managers of pharmacies include (a) drugs that are no longer circulating (b) drugs that have expired, (c) supplies of medicines run out. Then the business carried out by the pharmacy entrepreneur is (a) the pharmacy gives substitute drugs that have the same use. (B) if the drug has expired the pharmacy will exchange the drug to PBF. (C) if the drug supply runs out the pharmacy will advise consumers to search the drug runs out to another pharmacy.

scholarly journals HAK MEMILIH PENYANDANG DISABILITAS MENTAL DALAM PEMILIHAN UMUM SERENTAK TAHUN 2019 DI INDONESIA

2019 ◽  
Vol 10 (1) ◽  
pp. 99
Author(s):  
Anies Prima Dewi ◽  
Idea Islami Parasatya
Keyword(s):  
Mental Health Professionals ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Constitutional Court ◽  
Mental Disabilities ◽  
The People ◽  
Permanent Memory ◽  
General Elections ◽  
Right To Vote ◽  
The Right

This study discusses the implementation of elections as an indicator in the democratic system because it is the people who determine the direction of the policy of state power through their political suffrage. The people as the highest authority in their voting rights are very important in the implementation of elections. After the issuance of the Constitutional Court ruling Number 14/PUU-XI/2013 concerning the implementation of simultaneous general elections in 2019, what became much of a conversation and debate was about the voters' rights for persons with mental disability. This study uses the normative legal research method. Using secondary data sources and qualitative descriptive analysis. The results of this study show that the KPU Commissioner stated that persons with mental disabilities can exercise their right to vote by bringing a letter of recommendation or information from a doctor to be able to exercise their right to vote at the polling station (TPS). This is confirmed after the decision of the Constitutional Court Number 135/PUU-XIII/2015 which states Article 57 paragraph (3) of the Election Law does not have binding legal force as long as the phrase 'mentally disturbed or memory' is not interpreted as' experiencing mental disorders and/or permanent memory impairment which according to mental health professionals has eliminated a person's ability to vote in elections'. This reinforces and becomes a normative basis that persons with mental disabilities have the right to vote in the simultaneous general elections in 2019.Keywords: general elections; people with mental disabilities; voting rights.ABSTRAKPenelitian ini mebahas tentang pelaksanaan pemilihan umum menjadi indikator dalam sistem demokrasi karena rakyatlah yang menjadi penentu arah kebijakan kekuasaan negara melalui hak pilihan politiknya. Rakyat sebagai pemegang kekuasaan tertinggi dalam hak pilihnya menjadi sangat penting dalam pelaksaan pemilihan umum. Pasca keluarnya putusan Mahkamah Konstitusi Nomor 14/PUU-XI/2013 mengenai pelaksanaan pemilihan umum serentak tahun 2019, yang menjadi banyak perbincangan dan perdebatan adalah mengenai hak pemilih bagi penyandang diisabilitas mental. Penelitian ini menggunakan metode Penelitian Hukum normatif. Menggunakan sumber data sekunder serta analisis deskriptif kualitatif. Adapun hasil penelitian ini terlihat bahwa Komisioner KPU menyatakan penyandang disabilitas mental dapat menggunakan hak pilihnya dengan membawa surat rekomendasi atau keterangan dari dokter untuk bisa menggunakan hak pilihnya di tempat pemungutan suara (TPS). Hal ini dipertegas pasca putusan Mahkamah Konstitusi Nomor 135/PUU-XIII/2015 yang menyatakan Pasal 57 ayat (3) Undang-Undang Pemilu tidak mempunyai kekuatan hukum mengikat sepanjang frasa ‘terganggu jiwa atau ingatannya’ tidak dimaknai sebagai ‘mengalami gangguan jiwa dan/atau gangguaningatan permanen yang menurut professional bidang kesehatan jiwa telah menghilangkan kemampuan seseorang untuk memilih dalam pemilihanumum’. Hal ini memperkuat dan menjadi dasar normatif bahwa penyandang disabilitas mental memiliki hak pilih dalam pelaksanaan pemilihan umum serentak tahun 2019.Kata kunci: hak memilih; pemilihan umum; penyandang disabilitas mental.

scholarly journals KEWENANGAN MENGUJI KONSTITUSIONALITAS PERATURAN DAERAH TERHADAP UUD 1945

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Indah Permatasari
Keyword(s):  
Judicial Review ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Local Regulation ◽  
Constitutional Review ◽  
Analysis Techniques ◽  
The Supreme Court

The local government is given authority by the constitution to establish local regulations. Problems are arise when there are local regulation that not compatible with the constitution. The next question that arises is who is authorized to examine local regulations that not compatible with the constitution. In contrary with those considerations, the substantial problems are formulated into two, regulations about examine local regulations with the constitution and  who is authorized to examine local regulations with the constitution. This legal research is normative legal research. This research used the statute approach and conceptual approach. Legal materials analysis techniques that are used in this research are description and interpretation techniques. There is no regulation about examine local regulations with the constitution. The way that can be done to examine local regulations with the constitution is lodge a judicial review to the Supreme Court and than lodge a constitutional review to the Constitutional Court. The other way to do is through a constitutional complaint, but this mechanism is not owned by the Constitutional Court. The establishment of examine local regulations with the constitution is important to provide legal certainty and the protection of constitutional rights to the citizens.

scholarly journals The Study of Human Resource Competency Development Policy in Tourism Sector of Bureaucracy Reformation Era

2018 ◽  
Vol 1 (1) ◽  
pp. 156
Author(s):  
Wisber Wiryanto
Keyword(s):  
Human Resources ◽  
Human Resource ◽  
Development Policy ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Competency Development ◽  
Literature Study ◽  
Tourism Sector ◽  
Qualitative Descriptive ◽  
The Right

The development of the tourism sector ought to be supported by the competent Human Resources (SDM). Human resources of tourism that include human resources apparatus, industrial human resources, and the tourism community until now still facing difficulties of competency gaps and capability certification. Concerning this issue, there will be conducted a research of human resource competency development policy in tourism sector of bureaucratic reformation era. The goal of this research is to explain the development of human resource competencies in the tourism sector of bureaucratic reformation era. This research utilizes literature study method, and secondary data acquisition techniques and qualitative descriptive analysis techniques, conducted in 2017. The results showed that the development of human resource competence apparatus realized by assembling information positions and competence standards positions are still largely in the stage of the process. In the meantime, the development of industrial and community competence of human resources is carried out with capability certification in quest of obtaining optimal target achievement. Human resource personnel in both the ministry of tourism, and the provincial as well as regency/municipal tourism agencies have the right to develop managerial, technical, and social cultural competencies through education and training, seminars, courses and upgrading of at least 20 hours of lessons per year to develop competencies in order to improve performance of human resources of tourism.

scholarly journals The Relevance of the Application of the Presidential Threshold and the Implementation of Simultaneous Elections in Indonesia

2021 ◽  
Vol 21 (2) ◽  
pp. 267
Author(s):  
Rizki Bagus Prasetio ◽  
Febri Sianipar
Keyword(s):  
Judicial Review ◽  
Secondary Data ◽  
Vice President ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
Existing Problems ◽  
General Elections ◽  
The One ◽  
Number Of Parties

This research is intended to discuss the relevance of the application of presidential threshold and the implementation of simultaneous general elections in Indonesia. The concept of simultaneous general elections is the implementation of legislative and executive elections which are carried out simultaneously. The implementation of the first simultaneous general elections in Indonesia was motivated by a request for a judicial review of Law Number 42 Year 2008 concerning the Election of the President and Vice President. The Constitutional Court issued the Constitutional Court Decision Number 14/PUU-IX/2013 with the decision granting part of the request which later gave birth to the implementation of simultaneous elections in Indonesia starting in 2019. However, from the various articles that were reviewed, there was one article that was not decided by the Constitutional Court, namely regarding the presidential threshold. The Constitutional Court is of the opinion that the regulation regarding the presidential threshold is an open legal policy for the legislature. This paper is a normative legal research, with conceptual approach and statute approach to find answers to existing problems. The research source used is secondary data consisting of primary legal materials and secondary legal materials as explanation for primary legal materials. From the results of this research, it was found that the simultaneous elections and the presidential threshold were not compatible. On the one hand, the presidential threshold aims to simplify the number of parties.

scholarly journals Tindak Pidana Informasi Elektronik Dalam Kerangka Hukum Positif

2021 ◽  
Vol 16 (1) ◽  
pp. 92-111
Author(s):  
Rio Armanda Agustian ◽  
Jeanne Darc Noviayanti Manik
Keyword(s):  
Information Technology ◽  
Cultural Values ◽  
Personal Data ◽  
Private Life ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Electronic Transactions ◽  
The Right ◽  
Media And Communication

Act No. 11 of 2008 on Information and Electronic Transactions is the first Act  in the field of information technology and electronic transactions as a product of much-needed legislation and has become the spearhead that lays the groundwork for regulation in the field of technology utilization, although now during the implementation of the ITE Act experienced some problems regarding legal certainty about criminal provisions after the decision Constitutional Court, protection personal data and criminal investigation. Method in this study is normative juridical with a statutory and conceptual approach. Government supports the development of IT through its legal infrastructure and arrangements so that the use of IT is carried out safely to prevent its misuse by paying attention to the religious and socio-cultural values of Indonesian people. Side of protection and legal certainty in the use of information technology, media, and communication in order to develop optimally. Protection of personal data in conducting activities in cyberspace can be the right to enjoy a private life and free from all kinds of interference, right to be able to communicate with others without the act of spying and right to supervise access to information about one's personal life and data.

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