scholarly journals The application of the rights and obligations of workers during the Covid-19 outbreak in Indonesia

2021 ◽  
Vol 3 (3) ◽  
pp. 26-37
Author(s):  
Adnan Hamid
Keyword(s):  
Communication Technology ◽  
House Of Representatives ◽  
Industrial Relations ◽  
Labor Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Information Communication ◽  
Criminal Sanctions ◽  
The Republic ◽  
The Government

This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja  Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals The Political Process in the Preparation of Public Policy A Case Study on the Preparation of the Constitution of Oil and Gas in the Republic of Indonesia’s House of Representatives

2019 ◽  
Vol 10 (1) ◽  
pp. 88-111
Author(s):  
Julizar Idris ◽  
Abdul Hakim ◽  
Sarwono Sarwono ◽  
Bambang Santoso Haryono
Keyword(s):  
Public Policy ◽  
House Of Representatives ◽  
Oil And Gas ◽  
Political Process ◽  
Secondary Data ◽  
Policy Formulation ◽  
The Political ◽  
The Public ◽  
The Republic ◽  
The Government

Abstract Public policy formulation as a political process is a dynamic formulation of policies involving many actors, ranging from the executive, legislative, academic, to non-governmental organizations. The purpose of this study was to find out the political process of drafting the Oil and Gas Law and determine the model for the formulation of the Oil and Gas Law in the Republic of Indonesia’s House of Representatives. This research method uses a qualitative approach, through observation, in-interview techniques and documentation of secondary data in the process of collecting data. Data analysis using the Interactive Model method by Miles & Huberman's. The results of the study indicate that the political process of drafting the Constitution of Oil and Gas takes place in the following stages: planning, drafting and discussion. Politically, the planning of the Constitution of Oil and Gas comes from several sources: (1) the bill from the President; (2) the bill from the House of Representatives; and (3) the bill from the Regional Representative Council. The long political process in the public policy formulation in the House of Representatives starts from the process of inventorying input from factions, commissions, and the public to be determined as a Legislative Body decision, then the decision is to be consulted with the Government; afterwards, the results of the consultation are reported to the Plenary Session to make the decision.

scholarly journals The Development of Village Authority in the History of the State of the Republic of Indonesia (Study on Village Level Autonomy)

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Maurice Rogers ◽  
Keyword(s):  
House Of Representatives ◽  
Secondary Data ◽  
The Political ◽  
Government Regulations ◽  
History Of ◽  
Special Concern ◽  
The Republic ◽  
The Government ◽  
Village Government ◽  
The Village

This study examines the development of village authority arrangements, since the independent Republic of Indonesia until the issuance of Law Number 6 of 2014 concerning Villages and Implementing Government Regulations. The purpose of this study is to understand the legal basis of village authority in Indonesia after the independence of the Republic of Indonesia until the issuance of Law Number 6 of 2014 concerning Villages and to find out the development of the political direction of the government's law regarding village regulations related to the authority of the village government. The research method uses the type of research that researchers use is normative legal research. Obtaining data from library materials or secondary data, then the technique of collecting data or legal materials in this research is carried out by literature/documentation studies. This research uses a statute approach and a historical approach, which is carried out to track the history of legal institutions from time to time. This research produces an overview of the journey of regulating village authority, the ups and downs of village authority can be seen from the successive Laws of Regional and Village Governments, relating to the existence of village governments within the framework of the Unitary State of the Republic of Indonesia. The conclusions that can be drawn from this research are regarding. These include: The existence of ups and downs regarding the regulation of village authority, both at the level of law and at the level of government regulations, the existence of the political will of the government to restore the existence of the village, which actually existed before the birth of the Republic of Indonesia, as well as the growing recognition of village autonomy and Traditional villages are of special concern to legislators (the President and the House of Representatives).

scholarly journals Impact of the Omnibus Law/Job Creation Act in Indonesia

2020 ◽  
Vol 8 (`10) ◽  
pp. 266-281
Author(s):  
Hadry Harahap ◽  
B. F. Sihombing ◽  
Adnan Hamid
Keyword(s):  
House Of Representatives ◽  
Government Regulation ◽  
Job Creation ◽  
Secondary Data ◽  
Civil Society Organizations ◽  
The Rule Of Law ◽  
The Republic ◽  
The Government ◽  
The Impact ◽  
Accurate Reporting

The purpose of this research is to analyze the impact of the Omnibus Law/Job Creation Act related to the discussion process and post-endorsement by the legislature, the House of Representatives of the Republic of Indonesia. This research uses the normative juridical method, which is a legal research conducted by examining library materials. or secondary data and carried out with descriptions, measurements and accurate reporting of the characteristics of some of the phenomena under study. The findings of this study are that the government and legislature in the process and discussion tend to conflict with the 1945 Constitution article 1 paragraph (3), article 27 paragraph (1), and article 28 paragraph (5) and Law No.12 of 2011. regarding the Formation of Legislative Regulations as updated by Law No.15 of 2019 . Pancasila as a philosophische grondslag is stated in the Preamble of the 1945 Indonesian Constitution which means that Pancasila is positioned as a source of constitutional law in Indonesia, is an inspiration for the formation of the rule of law in Indonesia.  As a result, civil society organizations oppose and reject this regulation so that it is hoped that President Joko Widodo can issue a Government Regulation in Lieu of Law.

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

scholarly journals Green Agricultural Development Based on Information Communication Technology and the Panel Space Measurement Model

2021 ◽  
Vol 13 (3) ◽  
pp. 1147
Author(s):  
Xueyao Zhang ◽  
Hong Chen
Keyword(s):  
Communication Technology ◽  
Regional Differences ◽  
Agricultural Development ◽  
Least Squares Method ◽  
Information Communication Technology ◽  
Measurement Model ◽  
Eastern Region ◽  
Information Communication ◽  
The Government ◽  
Space Measurement

This study was conducted to promote the construction of China’s ecological civilization; to reduce harm to the environment; to quantify the performance of agricultural green development (GD); and to truly achieve green, sustainable, and healthy agricultural development. From the perspectives of resources and the environment, first, information communication technology and the panel space measurement (PSM) model were adopted to analyze relevant indicator data from 2000 to 2019 in China’s 30 provinces. Second, China’s agriculture was measured to explore the overall characteristics, temporal changes, and regional differences of agricultural development. A panel data measurement model was constructed using the generalized least squares method, and the main factors affecting performance development were analyzed, which were verified by giving examples. Third, the governance countermeasures and improvement directors were proposed for agricultural GD in China. It is found that the driving force of performance of agricultural GD in China mainly depends on technological progress and that technological efficiency determines the speed of agricultural development. The regional differences in performance of agricultural GD are obvious in China. The growth in the performance of agricultural GD in the eastern region is much higher than that of the central, western, and northeast regions. In addition, the results show that the performance of agricultural GD is extremely positively correlated with the agricultural economic level, fiscal support for agriculture policy, and the industrialization process and that it is extremely negatively correlated with the level of opening-up, adjustment of agricultural structure, and the environmental regulatory capability of the government. As a result, this study can provide some ideas for the realization of agriculture GD in China.

Pengukuran Pihak Ketiga Pasca Asas Contradictoire Delimitatie di Kabupaten Sidoarjo dan Pasuruan

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari
Keyword(s):  
Secondary Data ◽  
Third Parties ◽  
Third Party ◽  
Problem Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Descriptive Approach ◽  
The Government ◽  
Ownership Of Land

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals Assessment of the impact of Smartphone Technology on Tour Guide Performance in Kenya

2019 ◽  
Vol 7 (2) ◽  
pp. 30 ◽  
Author(s):  
Kabii Francis ◽  
John K. M. Wandaka ◽  
Naghea Jilo
Keyword(s):  
Communication Technology ◽  
Information Communication Technology ◽  
Tourism Industry ◽  
Information Communication ◽  
Chi Square ◽  
Tour Guides ◽  
Time Interaction ◽  
Smartphone Technology ◽  
The Government ◽  
The Impact

Several studies have been conducted to examine the influence of technology on the travel and tourism industry. However, there exists limited literature on the adaptation and usage of Smartphone technology by Kenyan tour guides, a gap this study sought to address. The objective of the study was to examine the effect of Information Communication Technology (ICT) on tour guiding performance in Kenya, investigate the effect of smartphone usage on the guides’ performance and finally, explore the possibility of adoption smart guiding techniques by Kenya’s tour guides. The study used descriptive methods and target practicing tour guides as the respondents. The data collected was analyzed using the Pearson’s Chi-square test of independence. The findings indicated Smartphone technology positively influenced guides, performance (χ2=65.025;df 2; P<0.05).The study concluded that smartphone and information communication technology have significantly influenced guides performance and hence recommend to the government and other stakeholders to invest more in infrastructure that supports smart destinations, which offer interactive pre-tour services, during the tour and post-tour experiences. Innovation on applications that support real-time interaction with attractions, accommodation and financial institutions is recommended.

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