Juridical Analysis of Work Agreements at Sea for Seafarers from the Perspective of Affirming People's Welfare: A Study at the Batam Authority and Harbormaster Office

2021 ◽  
Vol 8 (9) ◽  
pp. 115-125
Author(s):  
Akhiyanus Marwan ◽  
Laily Washliati ◽  
Idham .
Keyword(s):  
Field Research ◽  
Primary Data ◽  
Legal Analysis ◽  
Human Welfare ◽  
Legal Requirement ◽  
Normative Approach ◽  
Legal Structure ◽  
Labor Agreement ◽  
Legal Control ◽  
Maritime Labor

A Sea Work Agreement is a contract between a shipping entrepreneur and a worker in which the latter agrees to do work for pay as a captain or a member of the ship's crew under the entrepreneur's instructions. As a component of a more considerable agreement, a written or spoken labor agreement must satisfy both subjective and objective legal criteria of an agreement. The topic of this study is the legal arrangement of work agreements at sea for seafarers to promote human welfare. A study was conducted by the Batam authorities and harbormaster's office on the implementation and legal analysis of work agreements at sea for seafarers from an affirming people's welfare perspective. Also, the factors that act as impediments or barriers to solutions for work agreements at sea for seafarers from an affirming people's welfare perspective. This research aims to establish the legal structure of work agreements at sea for seafarers to improve their welfare and the execution and legal analysis of work agreements at sea for seafarers to enhance their welfare. Thirdly, determine the elements that lead to the formation of barriers or obstacles, along with some of the aspects that contribute to their resolution. This study aims to gather primary data via field research utilizing a normative approach. The study's findings show that although the legal control of work agreements at sea for seafarers has been chiefly implemented successfully to enhance people's welfare, there are still many barriers in the sector at both an internal and external level. It is anticipated that both ship entrepreneurs and ship personnel will adhere to their agreed-upon and signed maritime labor agreements, making this a legal requirement for builders. Keywords: Sea Work Agreement, Seafarers.

scholarly journals PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM

2021 ◽  
Vol 21 (01) ◽  
pp. 151-164
Author(s):  
Rahmatun Ulfa
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Legal Culture ◽  
Qualitative Approach ◽  
Primary Data ◽  
Government Officials ◽  
Administrative Services ◽  
Legal Structure

This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

UPAH MENGUPAH PERTANIAN DALAM TINJAUAN FIQH MUAMALAH (Studi di Nagari Bukit Kandung Kecamatan X Koto Diatas Kabupaten Solok)

2021 ◽  
Vol 2 (3) ◽  
pp. 59
Author(s):  
Susanti Krismon ◽  
Syukri Iska
Keyword(s):  
Data Collection ◽  
Data Processing ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Farm Workers ◽  
Data Sources ◽  
Primary Data

This article discusses the implementation of wages in agriculture in Nagari Bukit Kandung Subdistrict X Koto Atas, Solok Regency in a review of muamalah fiqh. The type of research is field research (field research). The data sources consist of primary data sources, namely from farmers and farm laborers who were carried out to 8 people and 4 farm workers, while the secondary data were obtained from documents in the form of the Bukit Kandung Nagari Profile that were related to this research, which could provide information or data. Addition to strengthen the primary data. Data collection techniques that the author uses are observation, interviews and documentation. The data processing that the author uses is qualitative. Based on the results of this study, the implementation of wages in agriculture carried out in Nagari Bukit Kandung District X Koto Diatas Solok Regency is farm laborers who ask for their wages to be given in advance before they carry out their work without an agreement to give their wages at the beginning. Because farm laborers ask for their wages to be given at the beginning, many farm workers work not as expected by farmers and there are also farm workers who are not on time to do the work that should be done. According to the muamalah fiqh review, the implementation of wages in agriculture in Nagari Bukit Kandung is not allowed because there is an element of gharar in the contract and there are parties who are disadvantaged in the contract, namely the owner of the fields.

تطبيق تعليم درس الحوار في المدرسة العالية الإسلامية الحكومية بياكمبوه سومطرى الغربية

2020 ◽  
Vol 4 (01) ◽  
pp. 55-77
Author(s):  
Nurhasnah Nurhasnah ◽  
Yogia Prihartini
Keyword(s):  
Learning Strategies ◽  
Learning Process ◽  
Learning Strategy ◽  
Language Skills ◽  
Field Research ◽  
Secondary Data ◽  
Arabic Language ◽  
Primary Data ◽  
Content Standards ◽  
Reading Material

The Arabic learning process is directed to encourage, guide, develop, and foster students' Arabic language skills, Arabic language skills will also support students in understanding the sources of Islamic teachings, such as the Al-Qur'an and Hadith, and other books that use Arabic . In the Arabic learning process, it is expected that students will have good abilities in learning Arabic. To achieve the expected objectives, the Hiwar learning strategy is to use the Hiwar (conversation) method. The lesson material consists of fluency in speaking by using Arabic.This research is a field research in the form of descriptive qualitative research. Data collection was carried out by interview, observation and documentation. The data analysis used is descriptive in the form of secondary data and primary data. In analyzing the data, it begins with examining the data, after the data is collected then its contents are clarified and analyzed, then interpreted and concluded. The Arabic learning process at MAN 1 Payakumbuh has been implemented in accordance with the existing curriculum, based on Content Standards (SI) and Graduates Competency Standards (SKL), which explains that learning Arabic at Islamic Senior High School is a process of activities directed at encouraging, guiding, develop and develop fushha Arabic language skills, by prioritizing the ability to read and understand reading material. The ability to speak and compose sentences is aimed at strengthening reading skills, which is the main goal of learning, namely the ability to communicate as well as a provision for understanding Islamic teachings from the original sources, namely Al-Quran and Al-hadith. The conclusion of this study is that it turns out that students are still not able to carry out good faith in Arabic and cannot use it in daily conversations, because the learning strategies used are still not optimal due to the lack of media and supporting infrastructure that support the learning process of Hiwar. So that it hasn't got maximum results.

scholarly journals Topical issues of digitalization in corporate law

2021 ◽  
Vol 118 ◽  
pp. 04012
Author(s):  
Elena Viktorovna Oleynik ◽  
Olga Mikhailovna Shevchenko
Keyword(s):  
Legal Status ◽  
Joint Stock Company ◽  
Financial Assets ◽  
Legal Analysis ◽  
Stock Company ◽  
Digital Currency ◽  
Legal Structure ◽  
Decentralized Autonomous Organizations ◽  
Russian Law ◽  
A Company

The purpose of the study is to analyze the provisions of the novelties of the Russian legislation on digital financial assets and digital currency. The methodological basis was the method of comparative legal analysis, using which the authors identify general patterns and features of the legal status of Russian digital joint-stock companies and decentralized autonomous organizations widely discussed in foreign literature. The results of the study were conclusions about the significant differences between the above organizations. A company issuing digital shares, under Russian law, differs from an ordinary non-public joint stock company by limiting the circulation of digital shares within the framework of a digital platform. Unlike the decentralized autonomous organization, it has legal entity and governing bodies. It was also concluded that there is a significantly greater variety of rights of holders of foreign token-shares in comparison with the rights of shareholders of Russian digital joint stock companies. The novelty of the research is contained in the results of the analysis and doctrinal interpretation of the norms of Russian federal laws concerning digital shares. So, in particular, it was established that such are recognized at the same time as securities and digital rights. Such a legal structure appears to be unnecessarily complex. According to Russian law, digital shares differ from ordinary shares in the form of certification of shareholders “rights, while no differences have been revealed in the scope of shareholders” rights.

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina&gt;na&gt;t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals Institutional and Legal Development of EAEU and EU in Comparative Perspective

2019 ◽  
Vol 7 (3) ◽  
pp. 155-168 ◽  
Author(s):  
Mark Entin ◽  
Vadim Voynikov
Keyword(s):  
Political Elite ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Decisions ◽  
Legal Structure ◽  
Eurasian Economic Union ◽  
History Of ◽  
Points Of View ◽  
Integration Project ◽  
The Eu

Despite the relatively short history of its development, the Eurasian Economic Union (EAEU) is becoming more confident about itself as a successful integration project. At the same time, there is a growing interest in the EAEU by the political elite and scientific community in Russia and abroad. The EAEU is investigated from different points of view, but almost no research is carried out without a comparative legal analysis of the EAEU and the European Union (EU). Both unions belong to the same type of integration organizations; the EAEU was largely created in the image of the EU. However, an analysis of the institutional and legal structure of the EAEU and the EU shows there are fundamental differences between the two unions concerning the principles of their functioning. This article substantiates the fact that supranational constitutionalization within the EU is not typical for the EAEU and is even harmful. At the same time, the technical tools developed by the EU can be useful to the EAEU for resolving current challenges of ensuring sustainability and self-affirmation in the international arena. This experience is of importance in view of the crisis experienced by the EU, since only they were able to manifest what institutional and legal decisions are working within the framework of an integration association, and which should be discarded. It is vital that the EAEU not repeat the mistakes and miscalculations of the EU.

scholarly journals ECONOMIC INDEPENDENCE OF PESANTREN: THE STUDY AT PEKALONGAN REGION

2018 ◽  
Vol 15 (2) ◽  
pp. 45-61
Author(s):  
M. Nasrullah ◽  
Kuat Ismanto ◽  
Nalim Nalim
Keyword(s):  
Educational Institution ◽  
Business Management ◽  
Field Research ◽  
Boarding School ◽  
Primary Data ◽  
Business Unit ◽  
Religious Schools ◽  
Religious School ◽  
Modern Business ◽  
Almost All

Islamic boarding school or pesantren is often only considered as a conservative Islamic educational institution. In fact, Pesantren has the number of interesting aspects to be deeply apart from studying the religion. As an institution, it involves many parties. The study aims to describe the economic map of Pesantren in Pekalongan region. This research is categorized as a field research using survey. The primary data were collected through questionnaires, interviews, and observations of the 25 Pesantren in Pekalongan region. The validation of data is done through triangulation of data and sources. Pesantren which became the object of this research are Pesantren which had established for at least three years and had a business unit. Based on the description of the research's findings and discussion, it was concluded that almost all Pesantren in Pekalongan region have a business unit. The existing business unit, mostly engaged in trade. The businesses itself is oriented to meet the internal needs of religious school, especially students. Pesantren has the role in determining every type of business unit and corporate governance run by the religious schools. The governance/management of the business unit was run in a simple, not follow the rules of modern business management yet. However, Pesantren have involved students in business management. The operations results of this business unit at least have contributed in boarding operations.

scholarly journals Perlindungan Hak Peserta Program Magang di Hotel XYZ Kota Bandung

2018 ◽  
Vol 2 (1) ◽  
pp. 21-32
Author(s):  
Ananta Budhi Danurdara
Keyword(s):  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
Primary Data ◽  
Literature Study ◽  
Apprenticeship Program ◽  
Main Components ◽  
The Right ◽  
Contractual Rights

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.

scholarly journals Pelaksanaan Perlindungan Konsumen Obat-Obatan dalam Kefarmasian

2021 ◽  
Vol 2 (1) ◽  
pp. 84-88
Author(s):  
I Putu Rusdi Eka Pratama ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Health Workers ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Pharmaceutical Services ◽  
Primary Data ◽  
Pharmaceutical Companies ◽  
Goods And Services ◽  
Technological Advances

Technological advances have helped in the discovery of the latest medicines, this has further strengthened healthcare providers. However, this is not the case with consumers (patients). Consumers are less aware of their rights as users of goods and services so that which ones are good and which are bad, and which are really needed, consumers leave completely to competent health workers. This study aims to explain the legal protection of drug consumers for pharmaceutical services and to explain the liability of pharmaceutical companies regarding the losses suffered by drug consumers. This research used empirical law. Primary data sources were obtained by conducting field research with interview techniques and secondary data obtained by library research consisting of primary and secondary legal materials. The results showed that the legal protection of drug consumers in pharmaceutical services, which contains the rights and obligations of consumers as well as the rights and obligations of pharmaceutical companies as business actors. In principle, consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection, in practice in pharmacies, legal protection for drug consumers is in accordance with applicable regulations and has been effective and conducive, then the responsibility of pharmaceutical companies for consumer losses drugs have provided compensation for material and immaterial damages when consumers are harmed.

Sign in / Sign up

Export Citation Format

Share Document