Pub Date : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2937
S. Kunarti
Globalization moves people indefinitely and includes working in other countries, and accepting foreign workers because it wants the free movement of labor (pree personal movement) over the territorial boundaries of the country. The research is aimed at reviewing and analyzing the content of foreign labor use regulations in Indonesia and whether the content of foreign labor regulations has protected Indonesian workers. The research method used in this study is normative juridical with a statute approach, comparative approach, history approach. The results showed that the Development of Foreign Workers (TKA) Usage Arrangements in Indonesia since Indonesia became independent is regulated in the form of a separate law namely Law No. 3 of 1958 on the Placement of Foreign Workers and subsequently, the Regulation of foreign workers is included in several employment laws, and finally in CHAPTER VI Article 42-49 law No. 13 of 2003 on Employment. The content of the arrangement of the use of foreign labor has not fully provided protection and legal certainty, the revocation of the mandatory Indonesian language requirements for foreign workers is a form of discrimination, as well as the need for strict requirements and qualifications for foreign workers entering Indonesia are skilled, making it possible for the transfer of expertise and technology, supporting economic development, and encouraging the improvement of the competence of the Indonesian workforce. Keywords: Charge Settings, Foreign Labour, Protection .
{"title":"Analysis of the Content of Foreign Labor use Regulations Against Indonesia’s Labor Protections.","authors":"S. Kunarti","doi":"10.20884/1.JDH.2020.20.1.2937","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2937","url":null,"abstract":"Globalization moves people indefinitely and includes working in other countries, and accepting foreign workers because it wants the free movement of labor (pree personal movement) over the territorial boundaries of the country. The research is aimed at reviewing and analyzing the content of foreign labor use regulations in Indonesia and whether the content of foreign labor regulations has protected Indonesian workers. The research method used in this study is normative juridical with a statute approach, comparative approach, history approach. The results showed that the Development of Foreign Workers (TKA) Usage Arrangements in Indonesia since Indonesia became independent is regulated in the form of a separate law namely Law No. 3 of 1958 on the Placement of Foreign Workers and subsequently, the Regulation of foreign workers is included in several employment laws, and finally in CHAPTER VI Article 42-49 law No. 13 of 2003 on Employment. The content of the arrangement of the use of foreign labor has not fully provided protection and legal certainty, the revocation of the mandatory Indonesian language requirements for foreign workers is a form of discrimination, as well as the need for strict requirements and qualifications for foreign workers entering Indonesia are skilled, making it possible for the transfer of expertise and technology, supporting economic development, and encouraging the improvement of the competence of the Indonesian workforce. Keywords: Charge Settings, Foreign Labour, Protection . ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129165024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-28DOI: 10.20884/1.JDH.2020.20.1.2875
Mohamad Fasyehhudin, Muyhi Mohas Mohas
Pengawasan merupakan tugas pemerintah yang paling penting dalam penyelenggaraan berbagai urusan pemerintahan dalam rangka peningkatan kinerja, baik pada tinggkatan pemerintah daerah dan pemerintah desa. Sering terjadi pengawasan yang tidak efektif karena masih banyak laporan- laporan yang tidak valid yang akhirnya menjadi temuan oleh masyarakat, sehingga tidak memuaskan bahkan berujung pada permasalahan hukum. Ini merupakan masalah yang besar dan merugikan pemerintah desa, oleh karena itu dibutuhkan sistem dan strategi pengawasan yang efektif yang tidak dapat diintervensi oleh pihak mana pun. Oleh karena itu penelitian ini bertujuan: (1) Untuk menjelaskan dan menganalisis bagaimana Urgensi pengawasan di pemerintahan desa; (2) Untuk menjelaskan dan menganalisis bagaimana pengawasan yang efektif dalam peningkatan kinerja aparatur desa di pemerintahan desa sebagai perwujudan pemerintahan yang baik. Metode penelitian yang digunakan dalam proposal penelitian ini adalah kualitatif dengan pendekatan hukumyuridis normatif. Hasil penelitian menunjukkan bahwa Urgensi dari Pengawasan dalam Pemerintahan Desa adalah untuk mewujudkan dan meningkatkan efisiensi, efektif, rasionalitas dan ketertiban dalam pencapaian tujuan dan pelaksanaan tugas-tugas aparatur desa. Pengawasan dianggap penting karena dalam arti pengawasan manajerial, adalah kegiatan untuk menjamin bahwa pelaksanaan sesuai dengan rencana. Agar pengawasan dilakukan secara efektif, pengawas di Pemerintahan desa harus terdiri dari pengawas internal dan pengawas eksternal.
{"title":"The Urgency of Supervision in Improving the Performance of Village Apparatus in Village Government as The Embodiment of Good Governance","authors":"Mohamad Fasyehhudin, Muyhi Mohas Mohas","doi":"10.20884/1.JDH.2020.20.1.2875","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2875","url":null,"abstract":"Pengawasan merupakan tugas pemerintah yang paling penting dalam penyelenggaraan berbagai urusan pemerintahan dalam rangka peningkatan kinerja, baik pada tinggkatan pemerintah daerah dan pemerintah desa. Sering terjadi pengawasan yang tidak efektif karena masih banyak laporan- laporan yang tidak valid yang akhirnya menjadi temuan oleh masyarakat, sehingga tidak memuaskan bahkan berujung pada permasalahan hukum. Ini merupakan masalah yang besar dan merugikan pemerintah desa, oleh karena itu dibutuhkan sistem dan strategi pengawasan yang efektif yang tidak dapat diintervensi oleh pihak mana pun. Oleh karena itu penelitian ini bertujuan: (1) Untuk menjelaskan dan menganalisis bagaimana Urgensi pengawasan di pemerintahan desa; (2) Untuk menjelaskan dan menganalisis bagaimana pengawasan yang efektif dalam peningkatan kinerja aparatur desa di pemerintahan desa sebagai perwujudan pemerintahan yang baik. Metode penelitian yang digunakan dalam proposal penelitian ini adalah kualitatif dengan pendekatan hukumyuridis normatif. Hasil penelitian menunjukkan bahwa Urgensi dari Pengawasan dalam Pemerintahan Desa adalah untuk mewujudkan dan meningkatkan efisiensi, efektif, rasionalitas dan ketertiban dalam pencapaian tujuan dan pelaksanaan tugas-tugas aparatur desa. Pengawasan dianggap penting karena dalam arti pengawasan manajerial, adalah kegiatan untuk menjamin bahwa pelaksanaan sesuai dengan rencana. Agar pengawasan dilakukan secara efektif, pengawas di Pemerintahan desa harus terdiri dari pengawas internal dan pengawas eksternal. ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"57 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130840325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-28DOI: 10.20884/1.jdh.2021.21.3.3520
P. M. Putri, Y. Saefudin
The results of the medical examination are proof of the doctor-patient relationship, which is documented in a record containing an explanation of the patient's health condition based on the results of the examination that has been carried out. Although the recording process is an obligation, there are several cases where medical records are not filled in correctly and some are not even filled in by officers. Therefore, this research is designed to find out the urgency of electronic medical records as evidence of therapeutic transactions. The problems studied in this article are: First, the juridical consequences of health workers and hospitals in making and keeping RM or RME confidential; Second, the position and strength of RM or RME as evidence according to the law of evidence. The results show that health workers or hospitals are obliged to make Medical Records or Electronic Medical Records correctly and responsibly. Regulation of the Minister of Health Number 749a/MENKES/Per/XII/1989 concerning Medical Records is the basis for the obligation to procure Medical Records, therefore it must be adhered to for every health service.Keywords: Medical Records, Electronic Medical Records, Evidence
{"title":"Electronic Medical Records as Evidence of Therapeutic Transactions","authors":"P. M. Putri, Y. Saefudin","doi":"10.20884/1.jdh.2021.21.3.3520","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3520","url":null,"abstract":"The results of the medical examination are proof of the doctor-patient relationship, which is documented in a record containing an explanation of the patient's health condition based on the results of the examination that has been carried out. Although the recording process is an obligation, there are several cases where medical records are not filled in correctly and some are not even filled in by officers. Therefore, this research is designed to find out the urgency of electronic medical records as evidence of therapeutic transactions. The problems studied in this article are: First, the juridical consequences of health workers and hospitals in making and keeping RM or RME confidential; Second, the position and strength of RM or RME as evidence according to the law of evidence. The results show that health workers or hospitals are obliged to make Medical Records or Electronic Medical Records correctly and responsibly. Regulation of the Minister of Health Number 749a/MENKES/Per/XII/1989 concerning Medical Records is the basis for the obligation to procure Medical Records, therefore it must be adhered to for every health service.Keywords: Medical Records, Electronic Medical Records, Evidence","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131915832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-28DOI: 10.20884/1.jdh.2021.21.3.3510
Andi Purnawati, I. Irmawaty, Syamsul Haling, M. Ikbal
Environmental law as a branch of legal science today plays an important role. Why not, human life and survival naturally and naturally will be largely determined by the upholding of laws in the field of the environment. One of the impacts of human selfishness and greed for the environment is the depletion of living natural resources and their ecosystems without regard to environmental balance and ecological principles. The method used in this study is a normative research type using primary, secondary, and tertiary legal sources. The nature of explanatory research with a dogmatic and theoretical approach. Analysis of legal issues material uses deductive-inductive analysis techniques on legal issues that are the target of analysis through legal reasoning and argumentation. Researchers found that to support the implementation and enforcement of laws in the field of conservation of living natural resources and their ecosystems, cross-sectoral coordinative mechanisms in an integrated and stimulating manner are more activated. The frequency between related sectoral agencies is increased to reduce law violations in the field of conservation of living natural resources and their ecosystems.Keywords: Law Enforcement, Natural Resources, Conservation
{"title":"Urgency of Law Enforcement in the Field of Conservation of Living Natural Resources and Ecosystems","authors":"Andi Purnawati, I. Irmawaty, Syamsul Haling, M. Ikbal","doi":"10.20884/1.jdh.2021.21.3.3510","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3510","url":null,"abstract":"Environmental law as a branch of legal science today plays an important role. Why not, human life and survival naturally and naturally will be largely determined by the upholding of laws in the field of the environment. One of the impacts of human selfishness and greed for the environment is the depletion of living natural resources and their ecosystems without regard to environmental balance and ecological principles. The method used in this study is a normative research type using primary, secondary, and tertiary legal sources. The nature of explanatory research with a dogmatic and theoretical approach. Analysis of legal issues material uses deductive-inductive analysis techniques on legal issues that are the target of analysis through legal reasoning and argumentation. Researchers found that to support the implementation and enforcement of laws in the field of conservation of living natural resources and their ecosystems, cross-sectoral coordinative mechanisms in an integrated and stimulating manner are more activated. The frequency between related sectoral agencies is increased to reduce law violations in the field of conservation of living natural resources and their ecosystems.Keywords: Law Enforcement, Natural Resources, Conservation","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127846306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty for all people and enable the functioning of earth, air, and space, as well as natural wealth that aspired. However, the Basic Agrarian Law (UUPA) has not provided legal certainty over land, one of which is a plot of land with more than one certificate with the same object. The factors causing the occurrence of multiple certificates are caused by the community and the government from the National Land Agency, which does not have a valid database as referred to by Supreme Court Decision Number 976 K/PDT/2015. The formulation of the problem in this research is how efforts to prevent the occurrence of multiple certificates (overlapping) and what are the obstacles in preventing their occurrence double certificate (overlapping). This research aims to determine and analyze the prevention efforts and constraints in preventing the occurrence of double certificates (overlapping). The problems in this study were studied using a normative juridical method using a statutory approach and a conceptual approach—data collection techniques using studies bibliography and assistance and defense of legal facts. According to the research findings, efforts to prevent the occurrence of double certificates (overlapping), specifically by optimizing administration land use and creating land registration maps, so that if there are indications of the occurrence of double certificates, they can be canceled as soon as possible, as well as obstacles in preventing double certificates (Overlapping), specifically the lack of understanding and enthusiasm from the community in applying for their land in Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL), are shown.Keywords: Double certificate; legal certainty; overlapping.
《基本土地法》的目标之一是为所有人提供法律确定性，使土地、空气和空间以及人们渴望的自然财富能够发挥作用。然而，《基本土地法》(UUPA)没有对土地提供法律确定性，其中之一是一块土地拥有多份具有相同用途的证书。造成多重证书发生的因素是由社区和国家土地局政府造成的，根据最高法院第976 K/PDT/2015号决定，国家土地局没有有效的数据库。本研究问题的提法是如何防止多个证书(重叠)的发生，以及防止它们发生双证书(重叠)的障碍是什么。本研究旨在确定和分析防止双证书(重叠)发生的预防措施和制约因素。本研究中的问题是使用规范性的司法方法进行研究的，使用法定方法和概念方法-使用研究书目和协助和辩护法律事实的数据收集技术。根据研究结果，防止双重证书(重叠)发生的努力，特别是通过优化行政土地利用和制作土地登记图，如果有双重证书发生的迹象，可以尽快取消，以及防止双重证书(重叠)的障碍，具体来说，社区在申请完整系统土地注册(Pendaftaran Tanah Sistematis Lengkap, PTSL)时缺乏理解和热情。关键词:双证;法律确定性;重叠。
{"title":"Settlement of Double Certificate Cases in Bandung (Case Study of Judge’s Decision Number: 976k/Pdt/2015)","authors":"Soediro Soediro, Efi Miftah Faridli, Dhea Anggit Dwiana","doi":"10.20884/1.jdh.2021.21.3.3431","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3431","url":null,"abstract":"One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty for all people and enable the functioning of earth, air, and space, as well as natural wealth that aspired. However, the Basic Agrarian Law (UUPA) has not provided legal certainty over land, one of which is a plot of land with more than one certificate with the same object. The factors causing the occurrence of multiple certificates are caused by the community and the government from the National Land Agency, which does not have a valid database as referred to by Supreme Court Decision Number 976 K/PDT/2015. The formulation of the problem in this research is how efforts to prevent the occurrence of multiple certificates (overlapping) and what are the obstacles in preventing their occurrence double certificate (overlapping). This research aims to determine and analyze the prevention efforts and constraints in preventing the occurrence of double certificates (overlapping). The problems in this study were studied using a normative juridical method using a statutory approach and a conceptual approach—data collection techniques using studies bibliography and assistance and defense of legal facts. According to the research findings, efforts to prevent the occurrence of double certificates (overlapping), specifically by optimizing administration land use and creating land registration maps, so that if there are indications of the occurrence of double certificates, they can be canceled as soon as possible, as well as obstacles in preventing double certificates (Overlapping), specifically the lack of understanding and enthusiasm from the community in applying for their land in Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL), are shown.Keywords: Double certificate; legal certainty; overlapping.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132529289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-27DOI: 10.20884/1.jdh.2021.21.2.3435
Nikmah Fitriah, Indriati Amarini
The enactment of Law No. 41 Year 1999 emphasizes the position of protected forests as protected areas that must be maintained to provide protection for the surrounding area. Law No. 41/1999 stipulates that open-pit mining activities are prohibited in protected forest areas. However, the effectiveness of Law No. 41/1999 is questioned by the issuance of Law No. 19/2004 which still accommodates open-pit mining in protected forest areas with the argument that the law should not apply retroactively. This article uses normative legal research methods, namely normatively examining various related regulations governing the function of protected forests. The results show that the birth of Law No. 19/2004 which allows several mining entrepreneurs to carry out open-pit mining activities in protected forest areas has resulted in protected forest areas being no different from production forest areas. This can threaten the function of protected forest areas as areas that provide protection for surrounding areas from various natural disaster hazards.Keywords: Existence, Function of Protected Forest, Forestry Law
{"title":"Existence of Protected Forest Function as Protection Area","authors":"Nikmah Fitriah, Indriati Amarini","doi":"10.20884/1.jdh.2021.21.2.3435","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3435","url":null,"abstract":"The enactment of Law No. 41 Year 1999 emphasizes the position of protected forests as protected areas that must be maintained to provide protection for the surrounding area. Law No. 41/1999 stipulates that open-pit mining activities are prohibited in protected forest areas. However, the effectiveness of Law No. 41/1999 is questioned by the issuance of Law No. 19/2004 which still accommodates open-pit mining in protected forest areas with the argument that the law should not apply retroactively. This article uses normative legal research methods, namely normatively examining various related regulations governing the function of protected forests. The results show that the birth of Law No. 19/2004 which allows several mining entrepreneurs to carry out open-pit mining activities in protected forest areas has resulted in protected forest areas being no different from production forest areas. This can threaten the function of protected forest areas as areas that provide protection for surrounding areas from various natural disaster hazards.Keywords: Existence, Function of Protected Forest, Forestry Law","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128945343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-19DOI: 10.20884/1.jdh.2021.21.2.3438
Amardyasta Galih Pratama, S. Handayani, S. Hartini, S. Kunarti
The handover of the authority of the central government to the local government as a form of decentralization in the unitary state in the field of spatial planning, especially green open space in the form of burial land in the Banyumas Regency area, can be said to have not been effective in utilization and management like other forms of green open space. This is because it is not in accordance with the application of spatial planning as a form of green open space because there are discrepancies in its application to regional regulations that are not in line with higher regulations. This research uses a statutory and conceptual approach method with normative juridical research specifications. Using secondary data sources are then analyzed using deductive methods. Based on the results of the study, it can be concluded that there are deviations in legal norms in the content material for the management of burial land in Article 5 paragraph (3) of Banyumas Regency Regional Regulation Number 2 of 2014 concerning Burial Place Management which is contrary to Chapter II of the Provision of Green Open Space in Urban Areas in Green Open Spaces certain functions in Cemeteries listed in the Regulation of the Minister of Public Works Number 5 of 2008 concerning Guidelines for Provision and Utilization of Green Open Space in Urban Areas.Keywords: Decentralization, Green Open Space, Burial Land
{"title":"The Authority of Local Governments in Establishing Public Burial Land in the Spatial Planning of Urban Areas Purwokerto","authors":"Amardyasta Galih Pratama, S. Handayani, S. Hartini, S. Kunarti","doi":"10.20884/1.jdh.2021.21.2.3438","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3438","url":null,"abstract":"The handover of the authority of the central government to the local government as a form of decentralization in the unitary state in the field of spatial planning, especially green open space in the form of burial land in the Banyumas Regency area, can be said to have not been effective in utilization and management like other forms of green open space. This is because it is not in accordance with the application of spatial planning as a form of green open space because there are discrepancies in its application to regional regulations that are not in line with higher regulations. This research uses a statutory and conceptual approach method with normative juridical research specifications. Using secondary data sources are then analyzed using deductive methods. Based on the results of the study, it can be concluded that there are deviations in legal norms in the content material for the management of burial land in Article 5 paragraph (3) of Banyumas Regency Regional Regulation Number 2 of 2014 concerning Burial Place Management which is contrary to Chapter II of the Provision of Green Open Space in Urban Areas in Green Open Spaces certain functions in Cemeteries listed in the Regulation of the Minister of Public Works Number 5 of 2008 concerning Guidelines for Provision and Utilization of Green Open Space in Urban Areas.Keywords: Decentralization, Green Open Space, Burial Land","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127719783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-10DOI: 10.20884/1.jdh.2021.21.2.3603
S. Wardani, A. Supriyanto
Purbalingga Regency is famous for its artificial eyelash industry and is the second largest in the world after Goangzu, China. The company cooperates with Plasma (intermediary) to work on part of its production to replace overhead costs associated with the use of standard labor and meet fluctuating demand. The purpose of this study is to determine the construction of legal relationships between intermediaries (plasma) as employers and female workers in the false eyelash industry sector in Purbalingga Regency and to determine whether female workers in the industry have received preventive protection due to the formation of legal relationships between employers and workers through intermediaries (plasma). This research uses normative-empirical research methodology. This research focuses more on normative research supported by field data or empirical research. Based on the results of the research, the formation of legal relationships between women workers and the Plasma (company branch) is carried out through piecework agreements, but there are still restrictions that must be followed, such as the requirement that factory workers and employees have the status of casual daily laborers. Female plasma workers who work in the informal industry do not receive social protection as they should. The Social Protection System for all levels of society stipulates that the government must provide social insurance, and this is where the welfare of plasma workers becomes the responsibility of the government.Keywords: Construction of legal relations, Plasma, female workers
{"title":"Construction of Legal Relationship Between Intermediary (Plasma) and Women Workers in The Artificial Eyelash Industry","authors":"S. Wardani, A. Supriyanto","doi":"10.20884/1.jdh.2021.21.2.3603","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3603","url":null,"abstract":"Purbalingga Regency is famous for its artificial eyelash industry and is the second largest in the world after Goangzu, China. The company cooperates with Plasma (intermediary) to work on part of its production to replace overhead costs associated with the use of standard labor and meet fluctuating demand. The purpose of this study is to determine the construction of legal relationships between intermediaries (plasma) as employers and female workers in the false eyelash industry sector in Purbalingga Regency and to determine whether female workers in the industry have received preventive protection due to the formation of legal relationships between employers and workers through intermediaries (plasma). This research uses normative-empirical research methodology. This research focuses more on normative research supported by field data or empirical research. Based on the results of the research, the formation of legal relationships between women workers and the Plasma (company branch) is carried out through piecework agreements, but there are still restrictions that must be followed, such as the requirement that factory workers and employees have the status of casual daily laborers. Female plasma workers who work in the informal industry do not receive social protection as they should. The Social Protection System for all levels of society stipulates that the government must provide social insurance, and this is where the welfare of plasma workers becomes the responsibility of the government.Keywords: Construction of legal relations, Plasma, female workers","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128621915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-08DOI: 10.20884/1.jdh.2021.21.2.3526
Y. Saefudin
The discussion on the Indonesian Criminal Code continues and cannot be separated from criticism by various parties. One of the arrangements that has received criticism is regarding living law in society (living law). On the one hand, this regulation emphasizes the existence of living law which is the character of the multi-cultural Indonesian nation. On the other hand, this arrangement is considered to have no legal certainty. This research examines in depth how the urgency of setting living law in the Indonesian criminal law code, as well as examines the existence of this living law in the perspective of progressive law. The research was designed with a normative juridical method. The approach used is a statutory approach and a conceptual approach. The results of the study show that living law arrangements in the criminal law code are very important to provide legal certainty for the existence of indigenous and tribal peoples in Indonesia. Living law arrangements are also in line with the spirit of progressive law enforcement. For law enforcers, especially judges, this arrangement reinforces the provisions of Article 5 paragraph 1 which requires judges to explore, follow and understand legal values and a sense of justice that lives in society.Keywords: Living Law, Progressive Law, Criminal Code
{"title":"Living Law in The Perspective of Progressive Law: The Urgency of Its Regulation in The Draft Indonesian Criminal Code","authors":"Y. Saefudin","doi":"10.20884/1.jdh.2021.21.2.3526","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3526","url":null,"abstract":"The discussion on the Indonesian Criminal Code continues and cannot be separated from criticism by various parties. One of the arrangements that has received criticism is regarding living law in society (living law). On the one hand, this regulation emphasizes the existence of living law which is the character of the multi-cultural Indonesian nation. On the other hand, this arrangement is considered to have no legal certainty. This research examines in depth how the urgency of setting living law in the Indonesian criminal law code, as well as examines the existence of this living law in the perspective of progressive law. The research was designed with a normative juridical method. The approach used is a statutory approach and a conceptual approach. The results of the study show that living law arrangements in the criminal law code are very important to provide legal certainty for the existence of indigenous and tribal peoples in Indonesia. Living law arrangements are also in line with the spirit of progressive law enforcement. For law enforcers, especially judges, this arrangement reinforces the provisions of Article 5 paragraph 1 which requires judges to explore, follow and understand legal values and a sense of justice that lives in society.Keywords: Living Law, Progressive Law, Criminal Code","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131289734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.20884/1.JDH.2020.20.1.2730
Hasmonel Hasmonel, Derita Prapti Rahayu, F. Faisal
Consideration of the importance of environmental preservation based on local wisdom is an embodiment of the law that lives in the community. The law works and is embedded in a socio-cultural matrix to answer the problem of inventory of local wisdom in the Bangka Belitung Islands Province. Research carried out with a non-doctrinal approach (socio-legal research) is an approach in legal research in which law is conceptualized as an empirical phenomenon observed in the realm of experience. Local wisdom in the Bangka Belitung Islands Province includes those in Bangka Regency (ampak tin), West Bangka Regency (customary sanctions of the jungle bulin), and Belitung Regency (macara taun) as explained above, as a representation of environmental preservation in the Bangka Belitung Islands Province. Keywords: Lokal Wisdom, Environmental Conservation, Bangka Belitung Islands Province.
{"title":"Local Assistance as Legal Capital Sustainability of The Environment in Bangka Belitung Archipelago Province","authors":"Hasmonel Hasmonel, Derita Prapti Rahayu, F. Faisal","doi":"10.20884/1.JDH.2020.20.1.2730","DOIUrl":"https://doi.org/10.20884/1.JDH.2020.20.1.2730","url":null,"abstract":"Consideration of the importance of environmental preservation based on local wisdom is an embodiment of the law that lives in the community. The law works and is embedded in a socio-cultural matrix to answer the problem of inventory of local wisdom in the Bangka Belitung Islands Province. Research carried out with a non-doctrinal approach (socio-legal research) is an approach in legal research in which law is conceptualized as an empirical phenomenon observed in the realm of experience. Local wisdom in the Bangka Belitung Islands Province includes those in Bangka Regency (ampak tin), West Bangka Regency (customary sanctions of the jungle bulin), and Belitung Regency (macara taun) as explained above, as a representation of environmental preservation in the Bangka Belitung Islands Province. Keywords: Lokal Wisdom, Environmental Conservation, Bangka Belitung Islands Province.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122749315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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