scholarly journals Eksistensi Hukum Acara Perdata dalam Penyelesaian Perselisihan Hak tentang Upah pada Pekerja Honorer di Indonesia

2019 ◽  
Vol 4 (2) ◽  
pp. 75
Author(s):  
Dian Ferricha

Rights disputes often occur in employment relationships in various sectors, mainly related to wages. Where wages are the pulse of workers and as a form of reward for work carried out on orders from superiors. Workers who are weak in their current bargaining power that has not been resolved legally and whose energy is still needed in the work of the public sphere both government, health and education are honorary workers. Where honorary workers are workers who are appointed by staffing officials or other officials in the government to carry out certain tasks in government agencies that are paid voluntarily through contractual agreements or in the form of decrees. In the legal aspect, they have no clear protection, are categorized as workers in industrial relations or are workers shaded by the state civil service law. This is a legal vacuum in its protection. Not to mention, when they demanded their rights in the form of wages paid below the district or provincial minimum wage standards. This is what was raised in this article because if it is not resolved when the problem is resolved through litigation, the legal basis used is not only the law on industrial relations disputes in the industrial relations court but also based on civil procedural law in the general court. This article uses a normative juridical method are based on legal materials that are normative-prescriptive. This article is very interesting to study more deeply and for this article it was created to recommend legal breakthroughs on problems that occur, one of which offers clause clauses in civil procedural law to order parties to disclose documents during the verifi  cation process when settling rights on wages to workers honorary is brought into the realm of litigation, wherein one of the articles of the Industrial Relations Dispute Settlement Act it is stated that what applies in Industrial Relations Disputes is ordinary civil procedural law unless otherwise stipulated.

2021 ◽  
pp. 095715582110091
Author(s):  
Ramona Mielusel

In this article, I am looking at two popular ‘ethnic’ comedies, L’Italien (2010) and Mohamed Dubois (2013), that promote dialogue and conviviality between Franco-Maghrebi and Franco-French people in France while questioning the societal feasibility of legislative measures of inclusiveness, visibility and equality of chances promoted by the government in the late 1990s and early 2000s. Considering some challenges in the representations, the comedies offer, at times, a social critique of certain stereotypical views on Islam and the destiny of Muslims on French soil, but they conclude in an optimistic tone supporting the idea that there is cultural métissage in France and that Muslims and Christians do mix in today’s diverse France. The popularity of these comedies attests to the fact that there is a need to bring up the issues of Islam in France and of the cohabitation between Muslims and Christian French citizens in the public sphere. I suggest however that while the Franco-Maghrebi’s ‘essentialist identity’ is challenged in the films, there are still neo-colonialist tensions in the artistic productions that entail ambivalence towards the Muslim characters. In a Franco-French dominated film-consuming culture, the Franco-Maghrebi characters are still subject to mimicry, which consistently maintains their subordinate position in the French culture.


2021 ◽  
Vol 30 (1) ◽  
pp. 145-161
Author(s):  
James B. Smith

Abstract Although many U.S. faith-based organizations have become partners with the government, the African American Pentecostal Church (aapc), which holds spirituality as a means of serving humanity as its theological framework, has remained a silent partner in public policy engagement. With the framework of spiritual intelligence, this qualitative case study addresses the perceptions of African American Pentecostal leaders regarding how the church’s theology may have an impact on the public policy engagement of its parishioners. Twelve African American Pentecostal Bishops were interviewed, and data were coded and analyzed to identify themes. Results revealed that participants use their spirituality to connect with public policy issues that relate to their personal experiences. Findings also indicated that the aapc is not an organized denomination, but rather a conglomeration of factions. Lack of an organized epicenter and lack of training and development of its leaders prevent this church from engaging in the public sphere. Although members embrace their responsibility to care for the needs of others, the church lacks a collective response to community issues. Findings may be used to prepare the next generation of aapc leaders to unify the church to offer spiritual solutions to public policy issues.


Author(s):  
Başak Can

The government used medico-legal documentation of prisoners’ health condition to solve the biopolitical crisis in penal institutions immediately after the end of death fast (2000-2007) and released hundreds of hunger strikers, who suffered from incurable conditions. That the state turned a political crisis into a medical one using the illness clause had unprecedented consequences for how claims are made in the political sphere. Human rights activists, Kurdish and leftist politicians are now using the plight of ill prisoners to make political arguments in the public sphere. The health conditions of political prisoners, specifically the use of the illness clause has thus emerged as one of the most contentious fields in the encounters between the state and its opponents. This chapter examines how temporality works as an instrument of necropolitics through the slow production and circulation of the medico-legal bureaucratic documents that are produced through encounters with multiple state officials. I argue, first, that medico-legal processes surrounding the detainees are mediated through the discretionary sovereign acts of multiple state officials, including but not limited to physicians, and second, that legal medicine as a technology of state violence is central to understanding the intertwined histories of sovereignty and biopolitics in Turkey.


2006 ◽  
Vol 121 (1) ◽  
pp. 136-148
Author(s):  
Peter Horsfield

Since 9/11, the question of the place of religion in the public sphere has re-entered public consciousness in Australia, most recently in links drawn between religion and terrorism, debates about free speech and religious vilification, and discussions about religion and the national character. This paper sets a background to these contemporary issues by examining some of the influential factors and personalities in the changing legislation about the mandatory broadcast of religion on Australian commercial television, from its earliest influences through some of the key contests in its subsequent developments. A range of ambiguities and ambivalences is identified, arising primarily from the dual nature of broadcast licences as commercial enterprises and community service, and the contested place of religion in Australian society. These include questions about the constitutionality of the government mandating the broadcast of religion; contests over what is and isn't religion and who has authority to determine this distinction; conflicts arising from the competing interests of stations, churches and the government in the implementation of the legislation; difficulties in defining the purpose of mandatory broadcast of religious content as the place of religion in Australian society has changed; and resistance on the part of government agencies to acting to resolve those ambiguities in such a contested and contentious domain.


2019 ◽  
Vol 53 (2) ◽  
pp. 259-293
Author(s):  
Geoffrey Martin

AbstractMost research on the Gulf states focuses on oil and its impact on state power. The literature on rentier theory almost unanimously agrees that oil rents buy off citizens and lead to socio-political stagnation. Massive protests and government attempts to address citizen demands in Kuwait between 2011 and 2013 call into question that narrative. Since those protests, the Kuwaiti government has taken steps to increase its representation of public officials and accessibility in the public sphere, including by expanding the government's presence on Instagram. How have Kuwaiti citizens voiced their opinions to government accounts? And how has the government responded to online criticism?This essay looks at the pattern of interactions between the state and Kuwaiti citizens on Twitter and Instagram using a content analysis of government accounts. The findings raise questions about the validity of the payoff thesis and understandings of consent and acquiescence. My analysis illustrates that there is a public dialogue that moves beyond the rigid structure of state and society by which the literature has traditionally understood Gulf rentier societies.


2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Yuhanyin Ma

<p align="justify">Marriage equality or the equal status of same-sex marriage has undergone a rather tough road in Australia, involving diverging opinions in parties at the state and federal levels and constitutional amendments. It appears that people in power set the agenda on the legalization of same-sex marriage. However, it cannot be denied that social media played an almost decisive role in this process because it enabled the gathering of massive public opinion to pressure the government to make changes. To be specific, social media or social networking sites offered platforms for people concerned to share reports about the progress of foreign countries in legalizing same-sex marriage, to express their opinions and to launch campaigns in support of their beliefs. This essay explores the role that social media played in the legalization of marriage equality movement in Australia from the perspectives of the public sphere theory and the agenda-setting theory.</p>


2021 ◽  
Vol 5 (2) ◽  
pp. 123-134
Author(s):  
Andul Pirol ◽  
Aswan Aswan

This research discusses the politics of identity that are increasingly strengthening in the public sphere. This phenomenon grows through the religious sentiment circulated massively on social media and is also evident in dress and daily behavior. This article wants to see: (1) the extent to which the identity of female students that wearing niqab influences the national insight, (2) how their perspectives and attitudes in national and state life. As a result, the sentiment of niqab female students' identity grew more vital in the public sphere. It is directly proportional to their low acceptance of government leaders of different religions. The government role is also considered lacking in helping them to overcome the life problems they face. Interestingly, the position of the Pancasila in the group gaining acceptance is relatively high. The primary data of this study through a questionnaire with the techniques of purposive sampling of 30 female students that wearing the niqab from various religious organisations spread across many campuses in the City of Palopo.


2020 ◽  
Vol 4 (2) ◽  
pp. 169-182
Author(s):  
Derselli P. Silitonga

Abstract. Domestic violence is an issue that is considered a private household problem so it cannot merely be handled by the government or the authorities. For this reason, this study aimed to describe the important role of pastoral care in dealing with domestic violence. The method used in this research was descriptive qualitative research method. Data was collected through observation, interview and literature study and analyzed in depth and described descriptively. The result was that pastoral care is an effective way to deal with the problem of domestic violence by not bringing it into the public sphere and creating peace between husband and wife.Abstrak. Kekerasan dalam rumah tangga merupakan isu yang dianggap sebagai persoalan privat rumah tangga sehingga tidak begitu saja dapat ditangani oleh pemerintah atau pihak yang berwajib. Untuk itu, penelitian ini bertujuan untuk memberikan gambaran pentingnya peran pelayanan pastoral dalam menangani masalah kekerasan dalam rumah tangga. Metode yang digunakan dalam penelitian ini adalah metode penelitian deskriptif kualitatif. Data-data dikumpulkan melalui observasi, wawancara dan studi kepustakaan serta dianalisa secara mendalam dan diuraikan secara deskriptif. Hasilnya adalah pelayanan pastoral merupakan cara yang efektif untuk menangani masalah kekerasan dalam rumah tangga oleh karena tidak membawanya ke ranah publik dan menciptakan perdamaian di antara suami istri.


Author(s):  
Jana Kujundžić

This paper will focus on sexual violence and new forms of religious traditionalism emerging in the Croatian political context and their engagement with the term gender. Critical Discourse Analysis as a methodological framework will be used to investigate the debates surrounding the ratification of the Istanbul Convention (Convention on preventing and combating violence against women and domestic violence) in 2018 in Croatia. Religious conservative organisations started to frequently utilize the term “gender ideology” to created fear, confusion and moral panic in the public discourse in connection to the ratification. According to their interpretations, “gender ideology” in the Istanbul convention was smuggled in to destroy the traditional Croatian Catholic heterosexual family by enabling children to choose their own gender. Croatia has undergone significant changes since the dissolution of Yugoslavia in the 1990s dismissing its socialist legacy with the support of the Catholic Church and its staunch anti-communist rhetoric which seeks to undo any progress in terms of gender equality achieved during socialism. Researching sexual violence from the intersectional feminist framework poses a challenge in a climate where the conservative discourse has highjacked any discussion of sexual violence in the public sphere by contesting the term gender itself and making it a questioned category of social analysis. Even though Croatia has ratified the Istanbul Convention in April 2018, the government has issued alongside an “interpretative statement” further legitimizing the term “gender ideology.”


2020 ◽  
Vol 6 (1) ◽  
pp. 35
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona ◽  
Efa Laela Fakhriah

Industrial relations disputes can be resolved through court (litigation) and out of court (non litigation) as stipulated in Law Number 2 of 2016 concerning Industrial Relations Dispute Settlement (PPHI). From the formal legal aspect governing the settlement of industrial relations disputes is the Law Civil Procedure that applies in the General Court, which is usually complicated and long. Usually for litigation at the District Court level, at least the workers/litigants must meet for 8 to 10 days. Padang District Court in the IA Class in order to achieve the principle of Civil Procedure Law Fast, Simple and Low Cost made a breakthrough with the success in bringing a decision on peace in industrial relations disputes in the past 4 years. The author is interested whether this Peace ruling does not contradict Article 4 of PERMA Number 1 of 2016 and does not confl ict with statutory regulations and has permanent legal force. The method used in this research is normative juridical analysis of facts that exist systematically. The results of the research and discussion showed that Article 4 of PERMA Number 1 of 2016 is doubly meaningful, so that the Peace Decision in the Padang District Court of Class IA is not in confl ict with the laws and regulations and has permanent legal force. The factors causing peace in the Padang Industrial Relations Court, namely Article 4 PERMA Number 1 of 2016 has a double meaning, so that the Padang Industrial Relations Court refers to Article 130 HIR, there is pressure on the bipartite process, mediation in the employment service is less than optimal, the parties those who disputed want peace to be carried out in the industrial relations court, the panel of judges considered that disputes were very possible to be carried out peacefully, and to reduce the accumulation of cases in the court.


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