scholarly journals JAMINAN KESELAMATAN KERJA BAGI PENGEMUDI GO-JEK DI SURABAYA

Yurispruden ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Zidna Aufima
Keyword(s):  
Rule Of Law ◽  
Work Safety ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
Insurance Program ◽  
Legal Effect ◽  
Work Relationship ◽  
Violent Acts ◽  
Work Accident

ABSTRACTBased on previous events many violent acts experienced Go-Jek driver while on the streets such as robbed then work safety insurance needed for Go-Jek driver in Surabaya is work accident and death insurance program from Sosial Insurance Administration Organization (hereinafter referred to as “BPJS”) for risk preventing and risk overcoming when Go-Jek driver is working. The method used in this research is the approach statute and conceptual statute. The results of this study can be known that Go-Jek corporate not required to provide work safety insurance for Go-Jek driver because there is no work relationship between Go-Jek corporate with Go-Jek driver. Because legislation about worker in Indonesia not regulate legal relationship and legal effect between Go-Jek corporate with Go-Jek driver then the rule of law is Burgelijk Wetboek (hereinafter referred to as “BW”).Keywords : Work Safety Insurance; BPJS; Go-Jek Driver. ABSTRAKBerdasarkan peristiwa sebelumnya banyak tindakan kekerasan yang dialami Pengemudi Go-Jek saat di jalanan seperti dirampok maka jaminan keselamatan kerja yang dibutuhkan bagi pengemudi Go-Jek di Surabaya adalah program jaminan kecelakaan kerja dan kematian dari badan penyelenggara jaminan sosial (selanjutnya disebut “BPJS”) untuk mencegah risiko serta mengatasi risiko ketika pengemudi Go-Jek bekerja. Metode yang digunakan dalam penelitian ini adalah statute approach dan conceptual approach. Hasil penelitian ini dapat diketahui bahwa Perusahaan Go-Jek tidak wajib memberikan jaminan keselamatan kerja bagi pengemudi Go-Jek karena tidak ada hubungan kerja antara perusahaan Go-Jek dengan pengemudi Go-Jek. Karena peraturan perundang-undangan tentang pekerja di Indonesia tidak mengatur hubungan hukum dan akibat hukum antara mitra kerja dengan perusahaan maka aturan hukumnya adalah Burgelijk Wetboek  (selanjutnya disebut “BW”).Kata Kunci : Jaminan Keselamatan Kerja; BPJS; Pengemudi Go-Jek. 

scholarly journals TINJAUAN YURIDIS MENGENAI ATURAN HUKUM PEMUTUSAN HUBUNGAN KERJA TERHADAP DOSEN PERGURUAN TINGGI SWASTA

2019 ◽  
Vol 19 (2) ◽  
pp. 307
Author(s):  
Albi Mahardian ◽  
Achmad Rifqi Nizam ◽  
Achmad Rizky Hasani ◽  
Muhammad Fadhil
Keyword(s):  
Rule Of Law ◽  
Private Universities ◽  
Labor Law ◽  
Private University ◽  
Conceptual Approach ◽  
Tertiary Institutions ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
University Lecturers ◽  
Relationship Of

<em>The research was to analyze and understand the provisions of labor law that apply to private university lecturers affected by termination of employment the rule of law for the lecturers who work in private universities specifically regarding two things, firstly, the rule of law that applies to lecturers working in private tertiary institutions and second, what rights can be obtained by private tertiary lecturers who experience termination of employment. This </em><em>research</em><em> was prepared using the normative juridical research method with a statute and conceptual approach. Based on the results of research that can be concluded from higher education institutions in act 13/2003 can be interpreted as companies and managers of private education that can be interpreted as entrepreneurs, so that the working relationship of private university lecturers is a legal relationship that is subject to labor law, and if there is a dispute between lecturers with private universities, the rule of law used is act 2/2004 because lecturers working in private universities are private workers and private universities are entrepreneurs.</em>

NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR

2021 ◽  
Author(s):  
Jelena Janković ◽  
Keyword(s):  
Rule Of Law ◽  
Service Sector ◽  
Free Choice ◽  
Moral Authority ◽  
Service Users ◽  
Service Economy ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
The Right

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.

scholarly journals Teoria crítica e direito internacional: uma visão pachukaniana de China Miéville

2018 ◽  
Vol 3 (1) ◽  
pp. 158-174
Author(s):  
Luiz Felipe Brandao Osorio
Keyword(s):  
International Law ◽  
20Th Century ◽  
Rule Of Law ◽  
Early 20Th Century ◽  
Critical Legal Studies ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Legal Relationship ◽  
The Face ◽  
The One

RESUMO:Dentro do emaranhado teórico cunhado como teoria crítica do direito, cabe aqui resgatar a sua vertente mais radical, aquela que vai à recôndita essência do fenômeno jurídico, e que consequente perpassa a face em que suas fraturas ficam mais expostas: a teoria materialista do direito internacional. O britânico China Miéville brinda-nos com uma reflexão original sobre a seara internacionalista, partindo e retomando as pistas legadas por Evguiéni Pachukanis, no início do século XX, para atingir o cume da crítica do direito, pela teoria da forma mercantil, ressaltando o caráter violento, de coerção, presente inerentemente na relação jurídica. É neste mundo, o do império do direito, é que reinam a miséria e o horror cotidianos e banalizados. ABSTRACT:Within the theoretical entanglement coined as critical legal studies, it is needed to address its most radical aspect, that goes inside the hidden essence of the legal phenomenon, and which consequently touches the face in which its fractures are most exposed: the materialist theory of international law. British China Miéville brings us an original reflection on the internationalist scenario, starting with and returning to the trails left by the early 20th century by Evguiéni Pachukanis to reach the summit of the critique of law, by the theory of commodity form, emphasizing the violent side, coercive, inherent in the legal relationship. It is in this world, the one of the rule of law, that daily and banal misery and horror reign

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

Towards a holistic approach, in international practice, to the design and implementation of initiatives to promote the rule of law at the national level

2015 ◽  
Vol 11 (1) ◽  
pp. 78-91 ◽  
Author(s):  
Juan Carlos Ochoa S.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
National Level ◽  
Holistic Approach ◽  
International Community ◽  
Cultural Norms ◽  
Conceptual Approach ◽  
Political Issues ◽  
The Rule Of Law ◽  
Design And Implementation

AbstractThis paper reflects on the conceptual approach adopted, in international practice, to the design and implementation of initiatives to promote the rule of law at the national level. It pays particular attention to the understanding, in international practice, of the relationship between the rule of law, democracy, human rights and development. It does so by looking especially at the practice of the UN, and taking into account many empirical and theoretical studies. After first examining the predominant paradigm in the rule of law field adopted by the international community until 2010, and the evolution of international practice thereafter, it concludes that the observance of the rule of law in a given country is determined by political and economic structures, cultural norms, institutions and laws. On this basis, and acknowledging the critical importance of the adopted concepts of rule of law, democracy and human rights, it finds the increasing recognition by the UN of the mutually reinforcing impact of these notions as adequate. This approach allows greater attention to be paid to several socio-economic and political issues that significantly affect the observance of the rule of law in many developing countries, the main recipients of the work of the international community in this field. Based on these findings, it indicates areas for reform.

scholarly journals DISCUSSION ON ISSUES OF THE THEORY OF LEGAL INCENTIVES

2018 ◽  
Vol 6 ◽  
pp. 562-567
Author(s):  
Aleksandr Gavritskiy ◽  
Svetlana Miroshnik
Keyword(s):  
Rule Of Law ◽  
Human Factor ◽  
Private Companies ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Social Actions ◽  
Legal Relationship ◽  
The Social ◽  
Theory Of Law ◽  
Definition Of

The purpose of this article is to examine legal incentives as a form of a lawful norm to improve the social actions of individuals. A definition of legal incentive as a variety of legal norms is formulated and the features and principles of an incentivizing legal relationship identified and formulated. The provisions can be viewed as approaches for solving the problems of motivating lawful behavior and for use in analyzing practical problems associated with the theory of law, legal culture, and the rule of law. The concept offered reveals new possibilities for cognition of legal relations that are important for developing the theory of legal norms and the theoretical aspects of the realization of law. The functional approach underlying the research emphasizes the importance of this form of law and promotes the more efficient use of the its potential. The conclusions are relevant for further theoretical studies and the development of a policy by private companies aimed at activating the human factor to increase the productivity of their employees.

scholarly journals Data-driven prediction of judgment. Law’s new mode of existence?

2020 ◽  
Author(s):  
Mireille Hildebrandt
Keyword(s):  
Rule Of Law ◽  
Data Analytics ◽  
Big Data Analytics ◽  
Legal Protection ◽  
Data Driven ◽  
The Novel ◽  
Driven Systems ◽  
The Rule Of Law ◽  
Positive Law ◽  
Legal Effect

This chapter enquires into the upcoming domain of data-driven ‘law’, that is, into the use of big data analytics and predictive technologies as a means to inform the law. I will argue that this may transform the ‘mode of existence’ of law, due to the novel ‘affordances’ of data-driven systems. In the first part I will investigate the promises of legal decision-making based on the mathematical assumptions of machine learning, opening the black box of algorithmic ‘insights’ at the level of the underlying research design. In the second part I will examine the nature of modern positive law as text-driven law, by highlighting the performative nature of legal effect and how this relates to the force of law. Finally, I will identify some of the challenges presented by data-driven ‘law’ in terms of legal protection. This will result in a proposal to integrate ‘by design’ approaches into law and the rule of law, clarifying how and why ‘legal protection by design’ is not equivalent with ‘legal by design’ or ‘techno-regulation’.

scholarly journals PENERAPAN PRINSIP GOOD GOVERNANCE DALAM PERATURAN PENGELOLAAN PERIKANAN YANG BERKELANJUTAN DI INDONESIA

2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Rizky Septiana Widyaningtyas
Keyword(s):  
Fisheries Management ◽  
Rule Of Law ◽  
Qualitative Method ◽  
Good Governance ◽  
Community Empowerment ◽  
Management Model ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Regulation Model ◽  
The Ideal

This study aims to know and analyze and examine the realization of good governance principles in fisheries management regulation in Indonesia; analyze and formulate the ideal fisheries management regulation model in accordance with the concept of good governance.This research is normative juridical research, which is research that puts law as a building of norm system, consisting of principles, norms, rule of law, judgment, agreement, and doctrine. The approach used in this normative legal research is the statute approach and the conceptual approach. The data obtained were analyzed by qualitative method.            Based on data analysis, it can be concluded that 1) Realization of 8 Main Characteristics of good governance according to UNESCAP are participation, orientation on consensus, accountable, transparent, responsive, effective and efficient, fair and inclusive and follow the rule of law in law, and efficient that cannot be applied; 2) The ideal fisheries management model in accordance with the principle of good governance is a co-management model, because this model use community empowerment and involve all stakeholders as well. 

scholarly journals REFORMASI PERATURAN DAN KEBIJAKAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

2020 ◽  
Vol 11 (2) ◽  
pp. 169
Author(s):  
Firzhal Arzhi Jiwantara
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Regulatory Reform ◽  
Local Communities ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Procurement Policy ◽  
Positive Law ◽  
Land Politics

This research aims to examine and analyze correcting land laws that are far from populist approaches. It still tends to be practical, authoritarian, and centralistic, resulting in a disregard for the acceptance of people's aspirations in the region and using normative legal research methods, with the statute approach and conceptual approach. Furthermore, it is analyzed qualitatively. The result of the research is, first, the philosophical foundation of the nation as a national paradigm to be held concretely in the field to improve and, at the same time, realize social justice for all Indonesians—the implementation with a complimentary legal device that can adopt living law values and existing social realities. To support the implementation of the positive law, empirically, the field needs to create a conducive culture, whether it is a culture that concerns the organizing apparatus and the community in general. Second, establishing the rule of law must prioritize local communities' aspirations and further established through authorized institutions in the form of legislation—today's centralistic and authoritarian land politics towards decentralization and responsive land politics with a democratic feel. Keywords: land procurement policy; public interest; regulatory reform. ABSTRAKPenelitian ini bertujuan untuk mengkaji dan menganalisa proses pembetukan undang-undang pertanahan yang sejatinya masih jauh dari pendekatan populis. Secara praktis operasional, masih cenderung otoriter dan bersifat sentralistik, sehingga adanya pengabaian terhadap penerimaan aspirasi masyarakat di daerah. Menggunakan metode penelitian hukum normatif, dengan pendekatan  Perundang-Undangan (Statute Approach) dan Pendekatan Konsep (conceptual approach). Selanjutnya dianalisis secara deskriftif kualitatif. Hasil penelitian yaitu, pertama, landasan filosofis bangsa sebagai paradigma nasional untuk dijewantahkan secara konkrit di lapangan, dalam upaya meningkatkan dan sekaligus mewujudkan keadilan sosial bagi seluruh rakyat Indonesia. Implementasi hal tersebut, dapat diwujudkan dengan perangkat hukum positif yang mampu mengadopsi nilai-nilai hukum yang hidup (living law) dalam masyarakat dan realitas sosial yang ada. Untuk mendukung pelaksanaannya pembentukan hukum positif dimaksud, secara empiris lapangan diperlukan terciptanya suatu kultur yang kondusif, apakah hal itu kultur yang menyangkut aparat penyelenggara maupun masyarakat pada umumnya. Kedua, pembentukan peraturan hukum dimaksud harus mengedepankan aspirasi masyarakat daerah (lokal) dan untuk selanjutnya ditetapkan melalui lembaga yang berwenang dalam bentuk undang-undang. Politik pertanahan yang sentralistik dan otoriter saat ini, diarahkan ke politik pertanahan yang desentralistik dan responsif dengan nuansa demokratis.

scholarly journals PENGARUH KEKUASAAN POLITIK TERHADAP PEMBENTUKAN HUKUM DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 92-104
Author(s):  
NURAINI NURAINI
Keyword(s):  
Rule Of Law ◽  
Political Process ◽  
The State ◽  
Conceptual Approach ◽  
Power Politics ◽  
The Rule Of Law ◽  
The People ◽  
General Power ◽  
Political Configuration ◽  
Political Decisions

The state of Indonesia embraces the sovereighty of the people or democracy. The people are the owners of the highest power in the state. The real power comes from the people, by people, and for the people. Even idealized power is held together with the people. Indonesia itself is also a country that adheres to the law. From the opinion of the exparts we can see that the state that follows the rule of law is always related to power. Where power is always limited by the laws that bind it. In other words the sphere of power is limited by the rules that are bound by the rules that have been composed and written and made by the agency that is authoorized to make it.The type of research used is normative juridical research. This study uses “ conceptual approach, legislation approach, and historical approach, in discussing the problems that exist in this research method is a way to perform analysis of data.Political power is the ability to use the source of influence to influence the process of making and executing political decisions so as to benefit itself, the group or society in general. Power is a gekala that always exist in the political process, in Indonesia law is a product of power (politics) so that the character of each legal product  will be determined or colored by consideration of force political configuration that gave birthday.

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