Pub Date : 2023-06-23DOI: 10.15294/pandecta.v18i1.41830
Mohamad Fandrian Adhistianto
Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance to serious misconduct as grounds for dismissal. This type of research is legal research using statutory approach and is carried out by searching for positive legal norms consisting of applicable laws and court decision related to termination of employment on the grounds of urgent violations apply based on Law Number 6 of 2023, although it has similar substance with gross misconduct as a reason for termination of employment in the provisions of Article 158 of Law Number 13 of 2003 which has been declared contrary to the 1945 Constitution so that it does not apply and has binding legal force based on the Constitutional Court Decision Number 012/PUU-I/2003.
{"title":"The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence","authors":"Mohamad Fandrian Adhistianto","doi":"10.15294/pandecta.v18i1.41830","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.41830","url":null,"abstract":"Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance to serious misconduct as grounds for dismissal. This type of research is legal research using statutory approach and is carried out by searching for positive legal norms consisting of applicable laws and court decision related to termination of employment on the grounds of urgent violations apply based on Law Number 6 of 2023, although it has similar substance with gross misconduct as a reason for termination of employment in the provisions of Article 158 of Law Number 13 of 2003 which has been declared contrary to the 1945 Constitution so that it does not apply and has binding legal force based on the Constitutional Court Decision Number 012/PUU-I/2003.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136085175","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}
Pollution and/or environmental damage continues to occur and according to the Environmental Quality Index (IKLH) the environment in Indonesia is increasingly damaged and many parties are harmed both humans and the environment itself but an effective settlement of environmental cases has not been found. Thus it is necessary to think about being able to resolve environmental issues that are effective and consideratejusticethe environment itself. A good and healthy living environment should be realized. This desire can be realized by applying appropriate laws that can deter perpetrators of environmental pollution and/or destruction. The purpose of this research is; to analyze and explain the effective resolution of environmental cases that takes into account the environment itself and the application of criminal law that can deter perpetrators of environmental pollution and/or destruction. The research method used is normative legal research to find the law for an in-concocreto case. Criminal law instruments in the settlement of environmental cases in judicial practice, there are still obstacles in presenting evidence, it is still necessary to think about other issues that are not regulated in the law, especially the formulation of environmental offenses. The use of criminal law instruments is more effective because prosecutors have wider powers of coercion, for example detention, search, and faster execution. Criminal law instruments not only deter people who violate them but are also aimed at other people so they do not commit acts that violate the law if they do not want to be subject to criminal sanctions.
{"title":"Implementation of Criminal Law to Determine Persons of Environmental Pollution and/or Destruction in Court","authors":"Rochmani Rochmani, Safik Faozi, Wenny Megawati, Dyah Listyarini","doi":"10.15294/pandecta.v18i1.36877","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.36877","url":null,"abstract":"Pollution and/or environmental damage continues to occur and according to the Environmental Quality Index (IKLH) the environment in Indonesia is increasingly damaged and many parties are harmed both humans and the environment itself but an effective settlement of environmental cases has not been found. Thus it is necessary to think about being able to resolve environmental issues that are effective and consideratejusticethe environment itself. A good and healthy living environment should be realized. This desire can be realized by applying appropriate laws that can deter perpetrators of environmental pollution and/or destruction. The purpose of this research is; to analyze and explain the effective resolution of environmental cases that takes into account the environment itself and the application of criminal law that can deter perpetrators of environmental pollution and/or destruction. The research method used is normative legal research to find the law for an in-concocreto case. Criminal law instruments in the settlement of environmental cases in judicial practice, there are still obstacles in presenting evidence, it is still necessary to think about other issues that are not regulated in the law, especially the formulation of environmental offenses. The use of criminal law instruments is more effective because prosecutors have wider powers of coercion, for example detention, search, and faster execution. Criminal law instruments not only deter people who violate them but are also aimed at other people so they do not commit acts that violate the law if they do not want to be subject to criminal sanctions.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135904719","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.44402
Efraim Jordi Kastanya, Fitriani Ahlan Sjarif
Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.
{"title":"Reposition of the Promulgation for Indonesian Legislation","authors":"Efraim Jordi Kastanya, Fitriani Ahlan Sjarif","doi":"10.15294/pandecta.v18i1.44402","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.44402","url":null,"abstract":"Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"407 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084050","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.44130
Dita Amalia, Dian Latifiani
Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.
具有永久法律效力的司法判决包含了当事人之间明确的、永久的法定权利和地位，这些权利和地位必须通过执行才能实现。执行是法院对被告人不愿自愿执行司法判决的强制行为。本研究的目的在于了解第10/Pdt号民事案件中造成实际执行延迟的因素。G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019本研究采用实证法学研究方法和定性研究方法。为了获得必要的数据，作者使用了几种方法，即访谈和文献分析。本研究结果表明，第三方阻力和新冠肺炎疫情是造成第1号民事案件实际执行延迟的因素。10 / Pdt。G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019原则上，即使存在阻力，除非阻力的原因是合理的，否则不绝对延迟执行;在这种情况下，执行至少要推迟到地区法院对抵抗作出决定为止。另一方面，健康原因和政府不进行人群聚集活动(保持身体距离)的政策，是将新冠肺炎疫情视为实际执行推迟原因的依据。执行权是区域法院院长以政策形式行使的权力。因此，民事案件的执行因第三方的抵制而被推迟，COVID-19大流行是地区法院院长的政策，这是法律赋予的。执行权是区域法院院长以政策形式行使的权力。因此，民事案件的执行因第三方的抵制而被推迟，COVID-19大流行是地区法院院长的政策，这是法律赋予的。执行权是区域法院院长以政策形式行使的权力。因此，民事案件的执行因第三方的抵制而被推迟，COVID-19大流行是地区法院院长的政策，这是法律赋予的。
{"title":"Pandemi Covid-19 As A Factor of Delays in The Execution of Court Decisions","authors":"Dita Amalia, Dian Latifiani","doi":"10.15294/pandecta.v18i1.44130","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.44130","url":null,"abstract":"Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084053","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.44141
Kadek Indira Lokahita, I Gusti Ngurah Parikesit Widiatedja, Ni Gusti Ayu Dyah Satyawati
This research aims to develop quality human resources in the Environment and Cleanliness Agency of Badung Regency. The research also compares the Badung Environment and Cleanliness Agency workforce with the Environment Agency officers in Australia. As a law country, Indonesia requires support from various stakeholders, especially law enforcement officials. The definition of law enforcement officers in a narrow sense is the police, prosecutors, and judges, while in a broad sense it is defined by all officers in law enforcement institutions who have the authority to inspect, supervise or enforce laws. The holistic quality of law enforcement officers will build an ideal work ecosystem. In the current condition, many of them are involved in criminal actions such as corruption thus, they do not receive trust from the public. In addition, they are also considered less swift in supervising the community’s actions. That is because of the economic welfare, lack of education, and lack of workers at work. The legal research method used is normative, using a comparative approach and a statutory approach. Nowadays, Badung Regency conditions currently have many lodgings in Bali, Hence the challenge for the Badung Regency Environment and Cleanliness Agency to supervise the construction of the lodging place. The research findings show a challenge in the unequal quantity between officers in the field of supervision who have obtained certificates of competence at the Badung Regency Environment and Cleanliness Agency and the construction of thousands of hotels there. The total shortage of workers at the Badung Regency Environment and Cleanliness Agency is 12 (twelve) workers. While In Australia has sufficient labor and equal pay, especially in the environment department.
{"title":"Badung’s Environment and Cleanliness Agency Law Enforcement Competency Certification Procedure: A Comparative Study with The Department of Environment in Australia","authors":"Kadek Indira Lokahita, I Gusti Ngurah Parikesit Widiatedja, Ni Gusti Ayu Dyah Satyawati","doi":"10.15294/pandecta.v18i1.44141","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.44141","url":null,"abstract":"This research aims to develop quality human resources in the Environment and Cleanliness Agency of Badung Regency. The research also compares the Badung Environment and Cleanliness Agency workforce with the Environment Agency officers in Australia. As a law country, Indonesia requires support from various stakeholders, especially law enforcement officials. The definition of law enforcement officers in a narrow sense is the police, prosecutors, and judges, while in a broad sense it is defined by all officers in law enforcement institutions who have the authority to inspect, supervise or enforce laws. The holistic quality of law enforcement officers will build an ideal work ecosystem. In the current condition, many of them are involved in criminal actions such as corruption thus, they do not receive trust from the public. In addition, they are also considered less swift in supervising the community’s actions. That is because of the economic welfare, lack of education, and lack of workers at work. The legal research method used is normative, using a comparative approach and a statutory approach. Nowadays, Badung Regency conditions currently have many lodgings in Bali, Hence the challenge for the Badung Regency Environment and Cleanliness Agency to supervise the construction of the lodging place. The research findings show a challenge in the unequal quantity between officers in the field of supervision who have obtained certificates of competence at the Badung Regency Environment and Cleanliness Agency and the construction of thousands of hotels there. The total shortage of workers at the Badung Regency Environment and Cleanliness Agency is 12 (twelve) workers. While In Australia has sufficient labor and equal pay, especially in the environment department.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136085174","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.45534
Yuliani Tarais, Hartini Hartini
This study aims to analyze the qualification of child status carried out by the Religious Court in cases of determining the origin of children in unregistered polygamous marriages that are not validated from 2019-2022. The second objective is to analyze the legal implications of the qualification of the child’s status. The research method used is normative juridical research, which is carried out by studying secondary data and conducting interviews. The collected data is analyzed qualitatively. The research results show that there are three qualifications of child status made by judges in the request for determining the origin of children from unregistered marriages without marriage validation, namely (1) determined as a legitimate child, (2) determined as a biological child, and (3) determined as a child of Applicant I (biological father) with Applicant II (Mother). The legal implications of this qualification are to provide different legal consequences for the rights of children, even if they originate from similar cases. The existence of different court rulings has an impact on the rights received by children from unregistered polygamous marriages that are not validated, on the one hand, it is seen as a form of legal discovery by judges, but on the other hand, it creates a disparity in decisions because it ignores the principle of similia similibus.
{"title":"Qualification of Child Status from Unregistered Polygamous Marriage without Marriage Validation (Study of Religious Court Decisions from 2019-2022)","authors":"Yuliani Tarais, Hartini Hartini","doi":"10.15294/pandecta.v18i1.45534","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.45534","url":null,"abstract":"This study aims to analyze the qualification of child status carried out by the Religious Court in cases of determining the origin of children in unregistered polygamous marriages that are not validated from 2019-2022. The second objective is to analyze the legal implications of the qualification of the child’s status. The research method used is normative juridical research, which is carried out by studying secondary data and conducting interviews. The collected data is analyzed qualitatively. The research results show that there are three qualifications of child status made by judges in the request for determining the origin of children from unregistered marriages without marriage validation, namely (1) determined as a legitimate child, (2) determined as a biological child, and (3) determined as a child of Applicant I (biological father) with Applicant II (Mother). The legal implications of this qualification are to provide different legal consequences for the rights of children, even if they originate from similar cases. The existence of different court rulings has an impact on the rights received by children from unregistered polygamous marriages that are not validated, on the one hand, it is seen as a form of legal discovery by judges, but on the other hand, it creates a disparity in decisions because it ignores the principle of similia similibus.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084051","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.40572
Mangaraja Manurung, Dany Try Hutama Hutabarat
Corruption remains a pressing issue with far-reaching adverse effects on numerous aspects of human existence globally. Combating corruption is a crucial priority in Indonesia that requires concerted efforts. This study employs a normative legal research methodology to construct and conceptualize laws based on applicable doctrines and legal concepts. In addition, it employs a case study approach to investigate specific instances of corruption in depth. This study aims to provide an overview of the regulations regarding the eradication of corruption and to demonstrate how community involvement can contribute to enforcing anti-corruption measures. The results show that Law Number 1 of 2023 concerning the Criminal Code in the article concerning corruption, the penalties set for corruptors are very far from what they are entitled to receive. In relation to reports of corruption cases, this study suggests that a public education strategy aiming at educating the general public directly or via social media must be conducted. This strategy intends to increase public awareness and encourage membership in the IFC (Indonesia is Free of Corruption) organization, which provides legal protection against alleged corruption offenders. In addition, regarding the punishment for corruptors, DPR RI (House of Representatives) are suggested to revise the current law that perpetrators of corruption who have amassed more than Rp 100,000,000 will face court-determined punishments, such as the return of illicit gains or the maximum penalty of the death penalty.
{"title":"Public Effort and Participation in the Enforcement of Corruption Eradication in Indonesia","authors":"Mangaraja Manurung, Dany Try Hutama Hutabarat","doi":"10.15294/pandecta.v18i1.40572","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.40572","url":null,"abstract":"Corruption remains a pressing issue with far-reaching adverse effects on numerous aspects of human existence globally. Combating corruption is a crucial priority in Indonesia that requires concerted efforts. This study employs a normative legal research methodology to construct and conceptualize laws based on applicable doctrines and legal concepts. In addition, it employs a case study approach to investigate specific instances of corruption in depth. This study aims to provide an overview of the regulations regarding the eradication of corruption and to demonstrate how community involvement can contribute to enforcing anti-corruption measures. The results show that Law Number 1 of 2023 concerning the Criminal Code in the article concerning corruption, the penalties set for corruptors are very far from what they are entitled to receive. In relation to reports of corruption cases, this study suggests that a public education strategy aiming at educating the general public directly or via social media must be conducted. This strategy intends to increase public awareness and encourage membership in the IFC (Indonesia is Free of Corruption) organization, which provides legal protection against alleged corruption offenders. In addition, regarding the punishment for corruptors, DPR RI (House of Representatives) are suggested to revise the current law that perpetrators of corruption who have amassed more than Rp 100,000,000 will face court-determined punishments, such as the return of illicit gains or the maximum penalty of the death penalty.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"18 778 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084055","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.44376
Ni Ketut Sari Adnyani, I Wayan Landrawan
Discrimination against women workers is a violation of human rights as regulated in international instruments such as the International Labor Organization ILO and CEDAW. Constitutionally, the rights of every Indonesian citizen are based on Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Protection of workers is also regulated in Law Number 13 of 2003 concerning Manpower Articles 67 to Article 101 which cover the protection of safety, health and welfare assurance. However, not many women themselves realize that their rights are protected and this has an impact on women’s lives. Reviewing arrangements for the rights of women workers regulated in the ILO, CEDAW and Manpower and their implementing regulations. Accommodate a number of related regulations above, based on gender responsiveness for female workers. This study aims to examine how the accommodation of international conventions into Indonesian positive law? and efforts to strengthen the implementation of the convention?. Types of normative research. The results of this study indicate that there are protection arrangements in conventions that can be adopted. In the future, editorial guarantees for protection for women will be prepared.
{"title":"Discrimination on the Right to Get Salary for Women Workers in Indonesia from the Ratification of International Conventions Perspective","authors":"Ni Ketut Sari Adnyani, I Wayan Landrawan","doi":"10.15294/pandecta.v18i1.44376","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.44376","url":null,"abstract":"Discrimination against women workers is a violation of human rights as regulated in international instruments such as the International Labor Organization ILO and CEDAW. Constitutionally, the rights of every Indonesian citizen are based on Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Protection of workers is also regulated in Law Number 13 of 2003 concerning Manpower Articles 67 to Article 101 which cover the protection of safety, health and welfare assurance. However, not many women themselves realize that their rights are protected and this has an impact on women’s lives. Reviewing arrangements for the rights of women workers regulated in the ILO, CEDAW and Manpower and their implementing regulations. Accommodate a number of related regulations above, based on gender responsiveness for female workers. This study aims to examine how the accommodation of international conventions into Indonesian positive law? and efforts to strengthen the implementation of the convention?. Types of normative research. The results of this study indicate that there are protection arrangements in conventions that can be adopted. In the future, editorial guarantees for protection for women will be prepared.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136085177","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.44207
N. G. A. N. Ajeng Saraswati, Muhammad Rustamaji
Corruption is the biggest obstacle in implementing the development process, and until now, it has yet to be appropriately resolved although various models of retributive punishment have been applied. As a result, tThe losses suffered by the state continue to increase, and as a consequence, people cannot enjoy public facilities as they should. Cooperation between the Police, the Attorney General’s Office, and the Ministry of Home Affairs, which forms coordination between Aparat Pengawas Intern Pemerintah (APIP) and Aparat Penegak Hukum (APH), is a way to prevent corruption at the local government level. Criminal sanctions and imprisonment are no longer the main options for the government to deal with corruption problems in the regions. This choice then raises the pros and cons of the people who so far only recognize the existence of retributive justice as a form of criminal sanction. This study was made using the theory of consequentialism from Jeremy Bentham, and the Restorative Justice Theory put forward by John Braithwaite to provide an overview of the solutions used by APIP in preventing corruption in the regions. The doctrinal research method with a statutory approach will show the impact of the application of restorative justice on corruption practices in the regions. From this study, it can be seen that the restorative justice used by APIP can minimize losses suffered by the state and, at the same time, provide a deterrent effect for perpetrators of corruption.
{"title":"The Future of Corruption’s Handling in the Regions and The Application of Restorative Justice","authors":"N. G. A. N. Ajeng Saraswati, Muhammad Rustamaji","doi":"10.15294/pandecta.v18i1.44207","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.44207","url":null,"abstract":"Corruption is the biggest obstacle in implementing the development process, and until now, it has yet to be appropriately resolved although various models of retributive punishment have been applied. As a result, tThe losses suffered by the state continue to increase, and as a consequence, people cannot enjoy public facilities as they should. Cooperation between the Police, the Attorney General’s Office, and the Ministry of Home Affairs, which forms coordination between Aparat Pengawas Intern Pemerintah (APIP) and Aparat Penegak Hukum (APH), is a way to prevent corruption at the local government level. Criminal sanctions and imprisonment are no longer the main options for the government to deal with corruption problems in the regions. This choice then raises the pros and cons of the people who so far only recognize the existence of retributive justice as a form of criminal sanction. This study was made using the theory of consequentialism from Jeremy Bentham, and the Restorative Justice Theory put forward by John Braithwaite to provide an overview of the solutions used by APIP in preventing corruption in the regions. The doctrinal research method with a statutory approach will show the impact of the application of restorative justice on corruption practices in the regions. From this study, it can be seen that the restorative justice used by APIP can minimize losses suffered by the state and, at the same time, provide a deterrent effect for perpetrators of corruption.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084054","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 : 2023-06-23DOI: 10.15294/pandecta.v18i1.42398
Wahyu Hidayat, Suryadi Suryadi, Siti Zuliyah
Conflicts between traditional markets, small kiosks owned by individuals, and supermarkets based on modern networked markets are unavoidable, especially at the level of one-sided competition. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 can be a solution in moving the wheels of the economy in the region. Modern shops greatly influence traditional markets or people’s markets and small stalls owned by individuals, which can kill their business. Traditional markets or people’s markets and small stalls are not only the center of people’s economic activities but also a place to make a living for small communities in the Kulon Progo region. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 is intended to protect, empower and organize People’s Markets and structure Shopping Centers and Supermarkets. Protection for people’s markets is carried out by limiting the number of supermarkets and adjusting the distance between traditional markets and shopping centers, and modern shops, the aim is that the existence of people’s markets can be protected from competition that is detrimental to people’s markets, so it becomes a necessity for the Government of Kulon Progo Regency to implement Regional Regulations Kulon Progo Regency Number 16 of 2021 to control the number of supermarkets and provide economic opportunities for people’s markets because this arrangement can overcome conflicts and will provide fifty-fifty benefits as a win-win solution for both so that people’s markets can be saved.
{"title":"Social Engineering to Overcome Conflict Between People’s Markets and Supermarkets in Kulon Progo Regency (Review of Regional Regulation No. 16 of 2021)","authors":"Wahyu Hidayat, Suryadi Suryadi, Siti Zuliyah","doi":"10.15294/pandecta.v18i1.42398","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.42398","url":null,"abstract":"Conflicts between traditional markets, small kiosks owned by individuals, and supermarkets based on modern networked markets are unavoidable, especially at the level of one-sided competition. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 can be a solution in moving the wheels of the economy in the region. Modern shops greatly influence traditional markets or people’s markets and small stalls owned by individuals, which can kill their business. Traditional markets or people’s markets and small stalls are not only the center of people’s economic activities but also a place to make a living for small communities in the Kulon Progo region. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 is intended to protect, empower and organize People’s Markets and structure Shopping Centers and Supermarkets. Protection for people’s markets is carried out by limiting the number of supermarkets and adjusting the distance between traditional markets and shopping centers, and modern shops, the aim is that the existence of people’s markets can be protected from competition that is detrimental to people’s markets, so it becomes a necessity for the Government of Kulon Progo Regency to implement Regional Regulations Kulon Progo Regency Number 16 of 2021 to control the number of supermarkets and provide economic opportunities for people’s markets because this arrangement can overcome conflicts and will provide fifty-fifty benefits as a win-win solution for both so that people’s markets can be saved.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"298 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084049","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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