Investigation of corruption, as an extra ordinary crime is granted to the three institutions, namely the Police, Attorney General and the Indonesian Corruption Eradication Commission (KPK). The granting of authority to these three institutions aims to accelerate the eradication of corruption, not only detrimental to the finances and the economy of the country but has damaged the joints of life of the nation and state. The research is descriptive and uses a normative juridical approach. Aiming to find out, and analyze qualitatively the implications of regulating investigative authority over the eradication of corruption in Indonesia. The study found that all three institutions that were given the authority to investigate corruption crimes were administratively separated, but functionally these three institutions should collaborate to accelerate the eradication of corruption, but in practice this was not the case, each institution tended to be shackled by fragmentary and institutional nature. centric that does not support the eradication of corruption. This is because the regulation of the authority of each institution has not been strictly regulated, then the arrangements are not synchronized and among the existing legislation, so that there is overlap of authority due to differences in interpretation between investigators, which results in investigations not going well.
{"title":"Implication of Regulation Authorities on the Efforts to Accelerate the Eradication of Corruption","authors":"Sukmareni Sukmareni, Elwi Danil, Ismansyah Ismansyah, Zainul Daulay","doi":"10.20956/HALREV.V4I3.1078","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1078","url":null,"abstract":"Investigation of corruption, as an extra ordinary crime is granted to the three institutions, namely the Police, Attorney General and the Indonesian Corruption Eradication Commission (KPK). The granting of authority to these three institutions aims to accelerate the eradication of corruption, not only detrimental to the finances and the economy of the country but has damaged the joints of life of the nation and state. The research is descriptive and uses a normative juridical approach. Aiming to find out, and analyze qualitatively the implications of regulating investigative authority over the eradication of corruption in Indonesia. The study found that all three institutions that were given the authority to investigate corruption crimes were administratively separated, but functionally these three institutions should collaborate to accelerate the eradication of corruption, but in practice this was not the case, each institution tended to be shackled by fragmentary and institutional nature. centric that does not support the eradication of corruption. This is because the regulation of the authority of each institution has not been strictly regulated, then the arrangements are not synchronized and among the existing legislation, so that there is overlap of authority due to differences in interpretation between investigators, which results in investigations not going well.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43775303","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 : 2019-01-06DOI: 10.20956/HALREV.V4I3.1291
Iza Rumesten, R.S., Febrian Febrian, Helmanida Helmanida, Agus Ngadino
The practice of illegal drilling does not only result in destruction for to the environment, but also result in the social gap, national losses, and people’s lives. It happens to illegal drilling conducted manually using traditional equipment and less operational standard. This illegal drilling may happen because ineffective law applied and no regulation on social participation in the Law of oil and natural gas. This research uses the normative method, the result of research is analyzed qualitatively. The research showed that the active social participation was needed in environmental law enforcement to prevent a great number of illegal drilling practice, the higher level of social participation in environmental law enforcement, and the smaller illegal drilling practice could be. Thus, there must be any act arranging for social participation in enforcing the environmental law arranged in the law No. 22 of 2001 because of those the local societies who get the direct effect of environmental destruction as a result of drilling of oil and natural gas illegally.
{"title":"Community Participation Arrangements to Prevent Illegal Drilling","authors":"Iza Rumesten, R.S., Febrian Febrian, Helmanida Helmanida, Agus Ngadino","doi":"10.20956/HALREV.V4I3.1291","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1291","url":null,"abstract":"The practice of illegal drilling does not only result in destruction for to the environment, but also result in the social gap, national losses, and people’s lives. It happens to illegal drilling conducted manually using traditional equipment and less operational standard. This illegal drilling may happen because ineffective law applied and no regulation on social participation in the Law of oil and natural gas. This research uses the normative method, the result of research is analyzed qualitatively. The research showed that the active social participation was needed in environmental law enforcement to prevent a great number of illegal drilling practice, the higher level of social participation in environmental law enforcement, and the smaller illegal drilling practice could be. Thus, there must be any act arranging for social participation in enforcing the environmental law arranged in the law No. 22 of 2001 because of those the local societies who get the direct effect of environmental destruction as a result of drilling of oil and natural gas illegally.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47701910","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 : 2019-01-05DOI: 10.20956/HALREV.V4I3.1413
T. N. Palilingan, D. Setiabudhi, Toar K.R. Palilingan
Everyone has the right to a good and healthy environment as part of human rights. Hence, to actualize the right to a good and healthy environment, the community or everyone has the right to environmental information related to the role in environmental management. The research is a socio-juridical. The results show that the management of human environment in Manado is implemented through the establishment and implementation of local regulations. The issuance of local regulations related to environmental law enforcement are local regulations on Environmental Protection and Management; Domestic Wastewater Management; and Waste Management and Cleaning Service Fees. However, the three local regulations have not been implemented optimally. Even the local regulation on the Waste Management and Cleaning Service Fees provides regulations that are not in accordance with the needs of the community in waste management and not in accordance with the laws and regulations related to waste.
{"title":"Environmental Policy, Public Health and Human Rights: Assessing the Regional Regulation on Waste","authors":"T. N. Palilingan, D. Setiabudhi, Toar K.R. Palilingan","doi":"10.20956/HALREV.V4I3.1413","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1413","url":null,"abstract":"Everyone has the right to a good and healthy environment as part of human rights. Hence, to actualize the right to a good and healthy environment, the community or everyone has the right to environmental information related to the role in environmental management. The research is a socio-juridical. The results show that the management of human environment in Manado is implemented through the establishment and implementation of local regulations. The issuance of local regulations related to environmental law enforcement are local regulations on Environmental Protection and Management; Domestic Wastewater Management; and Waste Management and Cleaning Service Fees. However, the three local regulations have not been implemented optimally. Even the local regulation on the Waste Management and Cleaning Service Fees provides regulations that are not in accordance with the needs of the community in waste management and not in accordance with the laws and regulations related to waste.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45773159","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 : 2019-01-03DOI: 10.20956/HALREV.V4I3.1626
A. Afriansyah, Anbar Jayadi, A. Vania
This paper focuses on examining environmental cases before the Indonesian courts from the past ten years. To be specific, this paper will study four major cases with regard private law, six major cases with regard to criminal law, and class action cases in Indonesia. This period of time explains trending increase of environmental cases before the courts. In this regard, Alternative Dispute Resolution (ADR) becomes the main preference of settling the environmental disputes. However, ADR seems not able to bring justice to the fullest especially when it comes to the corporations. It is not justice to the fullest in the sense that there seems no deterrence ADR brings to the corporations when the corporations do indeed damages the environment. As the environmental awareness increases and at the same time, ADR seems fail to fulfill the expectation to save the environment, another way to bring justice emerges namely through various efforts in lawsuits. Nevertheless, such lawsuits are not perfect as there are varieties of results from Indonesian courts. This paper argues that such variety of decisions have been heavily influence by the availability of scientific data and the knowledge of the panel of judges. Specifically, in the case of class action lawsuit, those who defend the environment has limitation on resources usually initiate such lawsuit. Whereas, corporation that being sued is relatively have the capacity to face the trial due to its high financial resources. Nevertheless, “fighting the giants” has been the paradigm when it comes to pursue the responsibility of corporation of its wrongdoing especially environmental damages.
{"title":"Fighting the Giants: Efforts in Holding Corporation Responsible for Environmental Damages in Indonesia","authors":"A. Afriansyah, Anbar Jayadi, A. Vania","doi":"10.20956/HALREV.V4I3.1626","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1626","url":null,"abstract":"This paper focuses on examining environmental cases before the Indonesian courts from the past ten years. To be specific, this paper will study four major cases with regard private law, six major cases with regard to criminal law, and class action cases in Indonesia. This period of time explains trending increase of environmental cases before the courts. In this regard, Alternative Dispute Resolution (ADR) becomes the main preference of settling the environmental disputes. However, ADR seems not able to bring justice to the fullest especially when it comes to the corporations. It is not justice to the fullest in the sense that there seems no deterrence ADR brings to the corporations when the corporations do indeed damages the environment. As the environmental awareness increases and at the same time, ADR seems fail to fulfill the expectation to save the environment, another way to bring justice emerges namely through various efforts in lawsuits. Nevertheless, such lawsuits are not perfect as there are varieties of results from Indonesian courts. This paper argues that such variety of decisions have been heavily influence by the availability of scientific data and the knowledge of the panel of judges. Specifically, in the case of class action lawsuit, those who defend the environment has limitation on resources usually initiate such lawsuit. Whereas, corporation that being sued is relatively have the capacity to face the trial due to its high financial resources. Nevertheless, “fighting the giants” has been the paradigm when it comes to pursue the responsibility of corporation of its wrongdoing especially environmental damages.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47238991","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 : 2019-01-02DOI: 10.20956/HALREV.V4I3.1539
Kholis Rroisah, Wendy Budiati Rakhmi
Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the realization of the wider access of the disabled by formalizing the governmental regulation in accordance with the mandate of Article 44 paragraph (4) of the Copyright Act 2014 and the Government shall immediately establish The Disabilities National Commission granted the authority and responsibility to fulfill the facilitation of access for blind people and limited reading by guiding Marrakesh Treaty or by looking at other country's regulatory practices.
{"title":"The Marrakesh Treaty and Facilitating Access to Literary Works in the Field of Knowledge for Blind People","authors":"Kholis Rroisah, Wendy Budiati Rakhmi","doi":"10.20956/HALREV.V4I3.1539","DOIUrl":"https://doi.org/10.20956/HALREV.V4I3.1539","url":null,"abstract":"Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the realization of the wider access of the disabled by formalizing the governmental regulation in accordance with the mandate of Article 44 paragraph (4) of the Copyright Act 2014 and the Government shall immediately establish The Disabilities National Commission granted the authority and responsibility to fulfill the facilitation of access for blind people and limited reading by guiding Marrakesh Treaty or by looking at other country's regulatory practices.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45612085","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 : 2019-01-01DOI: 10.20956/HALREV.V5I3.2362
Muh. Fauzan Aries, Slamet Sampurno, M. Ashri, Hasbir Paserangi
Restorative justice in the juvenile justice system from a legal perspective as a tool of social engineering emerge several similarities and differences of opinion from each law enforcer regarding the implementation of diversion itself. Child investigators, prosecutors, judges and correctional officers are a unit included in a system called juvenile justice system, aimed at tackling juvenile delinquency while at the same time also being expected to provide protection to children who have problems with the law. The results show that the implementation of the principle of restorative justice in the juvenile criminal justice system is preferred to resolve the problem not only through legal settlement. But more than that, it provides an opportunity for the parties involved to determine solutions, build reconciliation as well as build good relations between victims and perpetrators. Legal form in reality (law in action) and legal form as a rule as in legislation (law in book), the ideal goal to be achieved initially departs from the ius constituendum (law aspired) in which the legal goal definitely to achieving justice.
{"title":"Children and the Criminal Law: Legal Perspective as A Tool of Social Engineering","authors":"Muh. Fauzan Aries, Slamet Sampurno, M. Ashri, Hasbir Paserangi","doi":"10.20956/HALREV.V5I3.2362","DOIUrl":"https://doi.org/10.20956/HALREV.V5I3.2362","url":null,"abstract":"Restorative justice in the juvenile justice system from a legal perspective as a tool of social engineering emerge several similarities and differences of opinion from each law enforcer regarding the implementation of diversion itself. Child investigators, prosecutors, judges and correctional officers are a unit included in a system called juvenile justice system, aimed at tackling juvenile delinquency while at the same time also being expected to provide protection to children who have problems with the law. The results show that the implementation of the principle of restorative justice in the juvenile criminal justice system is preferred to resolve the problem not only through legal settlement. But more than that, it provides an opportunity for the parties involved to determine solutions, build reconciliation as well as build good relations between victims and perpetrators. Legal form in reality (law in action) and legal form as a rule as in legislation (law in book), the ideal goal to be achieved initially departs from the ius constituendum (law aspired) in which the legal goal definitely to achieving justice.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759646","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 : 2019-01-01DOI: 10.20956/HALREV.V5I3.2381
Irene Widiyaningrum, M. Akub, A. Razak, M. Riza
The rise of cases of sexual violence today makes people become restless. This research is a normative legal research, where in this study the author analyzes various laws and regulations relating to sanctions for chemical castration in the perspective of criminal law. This study also uses various comparisons of theories to answer existing problems relating to criminal law policy in the case of applying chemical castration sanctions. The results show that The increasingly widespread cases of sexual crimes against children that can have a major impact on the child's psychic development. It deserves to be given a severe punishment and appropriate to the perpetrator. The imprisonment sanction that is deemed to be irrelevant and has no deterrent effect can be answered by the punishment of the last choice of child sex offender. Thus, the enforcement of the criminal law of nuisance is reasonable in the technical context of the sentence after a permanent legal court ruling stating the punishment of the left. It aims to create a comfortable environment where children grow and develop and guarantee the future of Indonesian children.
{"title":"Castration of Sex Offenders: Indonesian Criminal Law Reform","authors":"Irene Widiyaningrum, M. Akub, A. Razak, M. Riza","doi":"10.20956/HALREV.V5I3.2381","DOIUrl":"https://doi.org/10.20956/HALREV.V5I3.2381","url":null,"abstract":"The rise of cases of sexual violence today makes people become restless. This research is a normative legal research, where in this study the author analyzes various laws and regulations relating to sanctions for chemical castration in the perspective of criminal law. This study also uses various comparisons of theories to answer existing problems relating to criminal law policy in the case of applying chemical castration sanctions. The results show that The increasingly widespread cases of sexual crimes against children that can have a major impact on the child's psychic development. It deserves to be given a severe punishment and appropriate to the perpetrator. The imprisonment sanction that is deemed to be irrelevant and has no deterrent effect can be answered by the punishment of the last choice of child sex offender. Thus, the enforcement of the criminal law of nuisance is reasonable in the technical context of the sentence after a permanent legal court ruling stating the punishment of the left. It aims to create a comfortable environment where children grow and develop and guarantee the future of Indonesian children.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759243","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 : 2019-01-01DOI: 10.20956/halrev.v5i3.2219
Hotlan Samosir
Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the weak role of Nabire government in terms of structuring efforts that began with the permitting process for the miners. The local government has the authority to establish regional regulations concerning people mining, so through this authority the management of people mining must be managed through permitting instruments. The authority of the permit only serves the local community as a participant after determining the rights and obligations of miners so that the implementation of people mining can be controlled by the local government by following the principles of sustainable development.
{"title":"Problematic Policy: Environmental Impacts of Traditional Mining in Papua","authors":"Hotlan Samosir","doi":"10.20956/halrev.v5i3.2219","DOIUrl":"https://doi.org/10.20956/halrev.v5i3.2219","url":null,"abstract":"Mining without permits has changed land cover in the mining area. The activities of people mining without permits have violated the principle of sustainable development, where the economic aspects take precedence over ecological and social aspects. The research is a normative-legal research using a statute, case and conceptual approaches. The research conducted in Nabire Regency, Papua, Indonesia. The results show that The activities of gold mining in Nabire regency which have been going on for decades have not been well-organized. The implementation of people mining has caused environmental damage, especially in the mining area. The environmental damage due to the weak role of Nabire government in terms of structuring efforts that began with the permitting process for the miners. The local government has the authority to establish regional regulations concerning people mining, so through this authority the management of people mining must be managed through permitting instruments. The authority of the permit only serves the local community as a participant after determining the rights and obligations of miners so that the implementation of people mining can be controlled by the local government by following the principles of sustainable development.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759638","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 : 2019-01-01DOI: 10.20956/HALREV.V5I1.1850
Rahmi Jened, Betharia Noor Indahsari
A soft Brexit scenario will include an implementation period from the day the UK formally leaves the EU to 31 December 2020. During the implementation period, the UK will continue to be functionally treated as an EU member state and remain a party to EU international agreement. Associated with the ASEAN single market, should be considered the readiness of Indonesian regulations and legislations that in sectorial concerns at least three aforementioned legal instruments to be harmonized with the laws of the ASEAN countries. Important findings were shown by the research from the perspectives of business law, especially, capital investment law, intellectual property and international trade law that Brexit has significant impact for EU itself, Indonesia and also AEC.
{"title":"Lessons Learned from the British Exit from the European Union for Indonesia and the ASEAN Economic Community","authors":"Rahmi Jened, Betharia Noor Indahsari","doi":"10.20956/HALREV.V5I1.1850","DOIUrl":"https://doi.org/10.20956/HALREV.V5I1.1850","url":null,"abstract":"A soft Brexit scenario will include an implementation period from the day the UK formally leaves the EU to 31 December 2020. During the implementation period, the UK will continue to be functionally treated as an EU member state and remain a party to EU international agreement. Associated with the ASEAN single market, should be considered the readiness of Indonesian regulations and legislations that in sectorial concerns at least three aforementioned legal instruments to be harmonized with the laws of the ASEAN countries. Important findings were shown by the research from the perspectives of business law, especially, capital investment law, intellectual property and international trade law that Brexit has significant impact for EU itself, Indonesia and also AEC.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759432","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 : 2019-01-01DOI: 10.20956/HALREV.V5I3.2218
Sakka Pati
Given its social and economic invisibility and the accompanying low social status, domestic work is often exploitative. This research was aimed to find out and formulate the substance of legal protection for domestic workers in legislation in the field of labor in terms of the perspective of justice. It uses a statute, case, and socio-legal approaches. It was conducted in 3 (three) major cities, namely Jakarta, Yogyakarta and Makassar. The results of research showed that the substance of legal provisions in general for the protection of domestic workers, especially in labor legislation basically has not been able to guarantee justice and legal certainty because the responsibility of State has not been implemented in the existing legal substance. The paradigm of harmonization and the principles of legal agreements in the field of labor have not guaranteed justice and legal certainty for domestic workers. It is evidenced by the view of the profession of domestic workers who are positioned as informal workers, in addition they are not being accommodated as an element protected by law, it is also related to the protection of basic rights and labor social security does not cover the existence of domestic workers.
{"title":"Legal Protection for Domestic Workers: The Experience of Indonesia","authors":"Sakka Pati","doi":"10.20956/HALREV.V5I3.2218","DOIUrl":"https://doi.org/10.20956/HALREV.V5I3.2218","url":null,"abstract":"Given its social and economic invisibility and the accompanying low social status, domestic work is often exploitative. This research was aimed to find out and formulate the substance of legal protection for domestic workers in legislation in the field of labor in terms of the perspective of justice. It uses a statute, case, and socio-legal approaches. It was conducted in 3 (three) major cities, namely Jakarta, Yogyakarta and Makassar. The results of research showed that the substance of legal provisions in general for the protection of domestic workers, especially in labor legislation basically has not been able to guarantee justice and legal certainty because the responsibility of State has not been implemented in the existing legal substance. The paradigm of harmonization and the principles of legal agreements in the field of labor have not guaranteed justice and legal certainty for domestic workers. It is evidenced by the view of the profession of domestic workers who are positioned as informal workers, in addition they are not being accommodated as an element protected by law, it is also related to the protection of basic rights and labor social security does not cover the existence of domestic workers.","PeriodicalId":30743,"journal":{"name":"Hasanuddin Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759622","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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