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Nikmah Dalimunthe; Ariyadi Ariyadi; Agung Setia; Dwi Nur Annisa; Indah Khuzaimah +4 more

Jurnal Manajemen Riset Inovasi 2023 Pusat Riset dan Inovasi Nasional

Given the wage disparity and perceived injustice experienced by both permanent and contract workers, it is necessary to conduct a study on legal protection regarding wages for the well-being of laborers. Therefore, this research aims to examine the role of labor protection policies, including social security for workers, fair wages, and the protection of labor rights, in promoting labor welfare. This study utilizes a qualitative method, which involves describing data and organizing it into various sentences. Additionally, a descriptive method is employed, where data is derived from words, sentences, images, and information from various books, journals, and other scholarly works that serve as references for labor protection and worker well-being. The findings of the discussion indicate that labor protection in the form of social security, fair wages, and labor rights plays a significant role in improving labor welfare.

Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Fahmitha Zahwa Azizah; Richard Mulya Sasmita; Achmad Asyari Abdulah Toran; Daffa Ramadhan; Hanif Hawari Mohamad +4 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Women workers in Indonesia have an important role in the Indonesian economy. Women and men as subjects and objects of development have the same rights, obligations and opportunities. Employers may not discriminate against women workers in terms of wages, promotion and career development. Writing this is to determine the need for legal protection for women workers. Therefore, the state provides legal protection, namely Law Number 13 of 2003 concerning Manpower to provide protection for women workers.

Alifia Nur Basanti; Tajul Arifin

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

A justice collaborator are suspect, defendants or convicts but work together with law enforcement officials to provide information in uncovering criminal acts that have occurred. The aim of the research is to analyze the legal protection of justice collaborators in terms of Law 31/2014. This study uses normative legal research methods with qualitative data. The results of the study show that (1) Legal protection for justice collaborators in terms of Law Number 31 of 2014 explained in article 5 that law enforcement officials have the obligation to provide protection and assistance to justice collaborator from legal entities so that they feel safe from threats which will come. (2) Legal protection for justice collaborators in terms of five basic principles or commonly called Maqashid Asy-Syariah which can be concluded that Islam highly upholds the protection of human rights, which in this case is legal protection for justice collaborators who have important services in helping officials Law enforcers uncover a crime.

Hanif Fil’Awalin; Mochammad Ferdinan Adzhani; Bariq Raditya; Hasan Yusuf; Ali Arva Prabangkara +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Street vendors are the dominant informal economic activity in urban areas. These street vendors are a form of scale economic activity that can produce and or distribute goods and services. Goods sold on roadside and in city centres that are busy with visitors provide necessities for the lower middle class, but it is not uncommon for people from the upper middle class to buy wares from street vendors. The purpose of writing this research is to. This study uses a normative juridical method. The results showed that the street vendors in the UPN Veteran Jakarta environment had filled the sidewalks on the road in front of the UPN Veteran Jakarta campus. Which is where the road or sidewalk should be used by pedestrians so that it is difficult for pedestrians to pass through the road because the road is narrow and there are many vehicles passing by. Thus, it can be concluded that the existence of street vendors, especially those selling in the UPN Veteran Jakarta Campus Pondok Labu environment, clearly violates laws and regulations. This is because the stalls used by street vendors for selling use roads and sidewalks which can disrupt traffic order and deprive pedestrians of their rights. Apart from that, this also damages the beauty of the city's spatial planning which causes the locations where street vendors sell their goods to look shabby and dirty.

Santriana Santriana; Desi Anisah; Satria Indra Kesuma

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The purpose of this study is to examine how crime victims are treated by Indonesia's criminal justice system. This scientific study was written utilizing the normative legal research method, which employs a statutory approach (act approach). The study's findings demonstrate that Indonesia's criminal justice system, which is based on the Criminal Code (KUHAP), places an undue emphasis on offenders and minimal emphasis on victims. The absence of provisions in the Criminal Procedure Code that address the existence of victims of crime is one indication of this. As a result, the crime victim in this instance serves simply as a witness to establish the defendant's guilt in a court of law. In actuality, victims of crimes as much as criminals face the issue of justice and respect for human rights.  

Herli Antoni

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Marriage between two people who have different religions is prohibited by almost all religions in Indonesia. Even though efforts have been made to obtain legal marital status, when a marriage is carried out, it is still obligatory to pay attention to Article 2 of Law Number 1 of 1974 concerning Marriage. The existence of an official registration in the form of a marriage certificate cannot be overlooked, because without it, marriages that are valid but not registered will not be recognized by the State. Marriage without legal recognition certainly has legal consequences, especially if it involves partners with different religions. This can create significant legal problems for husbands, wives and third parties, including the inheritance rights of children born in the marriage. The existence of a legal marriage is the basis of rights and obligations between husband and wife. The existence of a legally valid marriage and offspring born from a legal marriage are crucial to protecting the wife's rights regarding joint living and property. This is because, as stipulated in Article 43 Paragraph (1) of the Marriage Law, children born from illegitimate marriages only have legal ties with their mothers.

Verda Raseindriyasari Bidjaksono; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

  The negative impact of the Covid-19 pandemic has caused problems with the protection of consumer rights. This happens when their access to basic goods and services is poor as a result of unfair economic practices and causes unfair business competition. In Law No.8 of 1999 concerning Consumer Protection Article 4 which regulates consumer rights. During the Covid-19 pandemic, it has caused various impacts that go hand in hand with the era of disruption, causing consumers to be in a weak position. In dealing with the Covid-19 pandemic case, it is not only regulated by national legislation or legislation, but also by human rights law, especially those that have been officially recognized by the state. These activities have implications for the implementation of business competition supervision carried out by the Business Competition Supervisory Commission (KPPU).

Wahyu Buana Putra; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Competition in the business world has various ways by each business actor. Judging from the application of the principles of business competition in Indonesia, there are several rules that contain matters in carrying out the business world. All provisions contained in the laws and regulations regulate the rights and obligations of every business actor in running his business. Given the content of Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition describes several actions or practices that are prohibited in competing to develop the business of every business actor in Indonesia. One of the prohibitions in the world of business competition is the practice of predatory pricing or commonly referred to as the act of selling at a loss. This practice is an act of selling products from production at prices far below the proper average. This study will discuss one of the case studies related to selling at a loss that occurred in the cement industry in Indonesia, especially in the province of South Kalimantan. Cement Conch which is a product of PT. Conch Cement was the party that was reported on the grounds that there was an alleged monopoly action in the form of a loss-selling practice. Conch cement companies are reported under the provisions of the article in the business competition law. In accordance with the KPPU's decision issued, stated that conch cement was proven to have carried out this practice. Regarding monopoly practices carried out by conch cement companies, we will review the legal consequences and responsibilities based on the applicable laws and regulations.

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Fayza Jasmine Oktaferly; Anis Kumalasari; Didit Kurniawan Wintoko

Journal of Administrative and Sosial Science (JASS) 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

People with disabilities often get low social stigma in the social environment. Persons with disabilities are often marginalized from the general public, this is because persons with disabilities are considered to lack abilities that are equal to non-disabled people. As people with disabilities, they also have the same rights as society in general, namely the right to get access to education, access to infrastructure and access to other public services that can be accessed easily. but on the other hand until now there are still many persons with disabilities who still do not get their rights. one of them is the right to get access to infrastructure such as road access, easy access to open facilities, this is caused by several factors, one of which is the design made on infrastructure that is less accessible for persons with disabilities. in this study aims to see how accessibility is fulfilled, especially in public facilities provided to persons with disabilities in the city of Jember. This research method uses descriptive qualitative using social construction theory. As for data collection in research through field observations and also interviews besides that it is also supported by literature studies. The results obtained in this study show that public facilities for blind persons with disabilities in the city of Jember are still not friendly for blind persons with disabilities to access.

Ima Nur Rosyida; Hasan Ismail

Journal of Administrative and Sosial Science (JASS) 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The construction in a country essentially to give the welfare live of society. The current growth in Indonesia has been achieved by one of the batik industrialization sectors. Batik becomes an industrial potential that can be developed as an form of creative economic growth and thus become a village development community empowerment activity. This inscription to know how effectively empowering societies are in rural development, especially in development at Kampoeng Batik Jetis. This study uses qualitative descriptive analysis method. The result indicated that the empowerment of communities taken are as follows 1) Skill, encompass education and training; 2) Market access, accessibility acquire raw materials and other supporting materials in improving the production processes, implicate UMKM exhibition to expand market access, and facilitate intellectual property rights; 3) Capital access, comprise capital facilitate.

Nugrah Gables Manery; Johan Pieter Elia Rumangun; Dita Ayudia Pratiwi; Harly Clifford Jonas Salmon; Armelia Febryanty Waas

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

The low level of understanding of the community members in general regarding the provisions regarding fundamental rights attached to community members when involved in legal issues, the purpose of this legal counseling is to provide knowledge and understanding of the law, especially the provisions concerning the rights of community members when involved in legal issues. The method used in this legal counseling is the lecture and discussion method. The result of this legal counseling is to increase legal knowledge and awareness, legal counseling must be carried out periodically with additional material on law enforcement, both preventive and repressive.

Bryan Yoppi Triatama; Moch. Hilal Rusydi Al Fiter; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This article discusses the role of directors in the dissolution of a Limited Liability Company and the legal remedies taken by shareholders to protect their rights in the dissolution of a Limited Liability Company. The business activities of a Limited Liability Company do not always run in accordance with the objectives, sometimes the Company will face obstacles that cause the dissolution of the Limited Liability Company. With the dissolution of the Company, in this case the shareholders should get a legal protection both preventive and repressive. This research uses normative legal research with a statutory approach and a case approach through a decision study. The legal sources used are primary and secondary legal sources. Based on the results of the research, the Board of Directors of a Limited Liability Company in the process of dissolving the Company can act as a liquidator. Limited Liability Companies undergoing dissolution must pay attention to the rights and legal protection of shareholders.

Gradia Okultra Alba; Alan Siti Nurrizky

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Buying and selling is a legal relationship that has rights and obligations between the parties, including house buying and selling transactions through a House Sale and Purchase Agreement (PPJB) and Sale and Purchase Deed (AJB) carried out in front of a notary. The study has a goal, namely to find out and analyze the validity of buying and selling transactions of houses in the perspective of the Civil Code. Juridical-normatic is used as a research method whose approach is in the form of laws and literature studies. The result of this study is a house sale and purchase agreement, namely a special agreement whose rules are contained in Article 1457 of the Civil Code. The validity of this sale and purchase refers to Article 1320 of the Civil Code concerning the legal terms of the agreement. Buying and selling houses is carried out through various stages, namely the preparation of PPJB, payment of seller and buyer taxes and the process of transferring the name in AJB before a notary. Legitimacy can occur if the making of this agreement is not because there is a forced withdrawal from any party,, does not violate the provisions of laws and regalutions, decency and the public interest.

Farid Hardianysah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Susilowati Susilowati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Credit Guarantee in the Syndicated Bank Credit Agreement is the most important guarantee in the Syndicated Credit Agreement which is the main discussion in this Legal Writing. The method that the author uses in this legal research is normative juridical, where the documents used as guidelines in the preparation are primary legal documents and secondary legal documents. The Credit Guarantee in the Syndicated Credit Agreement that I will use is a credit guarantee with concession rights which includes toll road concession revenues, escrow accounts, and insurance claims. The Credit Guarantee is important to cover or guarantee the Creditors in the Syndicated Bank in the event of a default or bad credit or default from the Debtor. Collateral as regulated in Law number 7 of 1992 concerning Banking as amended by Law number 10 of 1998 concerning Amendments to Law number 7 of 1992 concerning Banking, guarantee is defined as "faith in faith and ability and ability of the customer or debtor to pay off the debt or return the financing as agreed. Credit guarantees (debts) as regulated in article 1131 of the Civil Code are "all objects of the debtor, both movable and immovable, both existing and those that will exist in the future, become dependents for all individual engagements". The credit guarantee that will be discussed in this legal writing is the credit guarantee in the Syndicate Credit Agreement or syndicate loan in the form of concessions. Concession is the granting of rights, permits, or land by the Government, companies, individuals, or other legal entities. The granting of concession rights is generally applied to the development of partnerships between the government and the private sector. Syndicated credit is one of the types of credit, but the difference in Syndicated Loans is related to the number of creditors. In the Syndicated Credit Agreement, the creditor is more than one creditor. The discussion of Syndicated Credit Guarantee that will be discussed in this legal writing is the Credit Guarantee in the Syndicated Credit Agreement between PT. JJP with PT. BNI Bank, PT. Bank Mandiri, PT. Bank BRI and PT. Bank BPD Central Java in terms of the construction of the Semarang Toll Road. The object of the Credit Guarantee in the Syndicated Credit Agreement in the form of Concession Rights which is not a fiduciary or mortgage must be made in the agreement related to the risks that will occur as a result of the syndicated credit agreement, especially on the guarantee so that no party is harmed from the syndicated credit agreement and development can run smoothly. In this regard, the Government should always be innovative towards legal regulations in line with development progress so that they do not become legal problems in the future.  

Sefia Esa Puspita A.; Vinda Olivia H.; Virna Muhdelifa D.

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Violence or sexual harassment is a problem that is quite serious and often occurs socially. In this case, it usually occurs in a problem that is complex. The rise of news on social media related to sexual violence experienced by some people is enough to shock the public. Most cases of sexual violence are experienced by a woman who is the victim. Cases of violence or sexual harassment against women are still an iceberg phenomenon. This is because many women who are victims of sexual harassment are reluctant to report what they have experienced. Violence or sexual harassment that occurs to women is often blamed on the way they dress. In fact, if you look at clothes, it is not one of the main causes of women becoming victims of sexual harassment. Violence or sexual harassment that occurs never looks at any clothes, in fact often the victim of sexual harassment is a woman who wears closed clothes. In addition, violence or sexual harassment can also be caused by a patriarchal culture that dominates and seems to justify the action. Where in patriarchal culture itself men are often considered more dominant and have a higher position than women. Therefore, men feel they have more power over women and can act as they please. Until now, patriarchal culture is still developing in society. Even though this shouldn't have been done. Therefore, there is a need for radical feminism with the aim of making changes in society and obtaining equality between men and women, especially in obtaining equal rights in society from a social and economic point of view.

Ika Cahyo Purnomo; Anggraeni Endah Kusumaningrum

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

COVID-19 containment apps have raised a new hope in dealing with COVID-19 in various countries.  Automatic contact tracing capabilities combined with various other transmission prevention functions have yielded favorable outcomes in controlling outbreaks.  Although its nature seems promising, the use of this type of application also saves the potential for human rights violations.  The risk is related to the increasingly widespread functionality of the application, the restrictions of personal freedom, the potential breach of privacy, and the possibility of marginalizing people who cannot access the application.  This paper describes how this application works in general, how it can affect respect for human rights, and then analyzes incidents that have the potential to violate human rights related to the use of the application to further provide some potential solutions on how the application can still be utilized with a minimum threat to  individual rights.

Anisa Kurniasari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This study discusses the rights and obligations of patients and families in the services that have been provided.  The results showed that the granting process was in accordance with the Constitution no.  36 of 2014 concerning Health Workers and the Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2018 concerning Hospital Obligations and Patient Obligations and other related regulations.  There are several things that need to be improved, such as maximizing providing services to patients who have obligations that must be fulfilled, in order to achieve healing and as a balance of the rights they get, in essence the balance of rights and obligations is an achievement of a fairness of action, in terms of  relationship between two parties (medical personnel and patients).