Pub Date : 2018-06-30DOI: 10.22487/J25272985.2018.V3.I1.8952
Yofriko Sundalangi
This research aimed to investigate and obtain a clear picture about the status and the legal relationship of the freelance workers and the implementation of the manpower act to protect the freelance workers based on the justice principles. To expect that this research would be benefit for the readers in providing inputs or information about the status and the legal relationship with the freelance workers and the implementation of the manpower act to protect the freelance workers. The research used the normative empirical approach. The research population comprised the freelance workers, employers, and the data from the Department of Manpower and from the Social Security Administration Agency For Manpower in Makassar City. The samples were chosen using the Snowball Sampling Method and the descriptive analysis technique. The research results indicated that there had been many legal smuggling actions done by the enterpreneurs in their working relationship due to the absence of the clear regulations about the freelance workers. The enterpreneurs had not entirely fulfilled their responsibilities to the freelance workers, such as the wages of the workers had not been in accordance with MSEs, BPJS, Employment, Occupational Safety and Health. On the other hand, the freelance workers themselves were not yet aware of their rights and obligations because of the absence of the clear legal relationship set forth in the employment agreement and the lack of knowlegde. In fact, the employers should have implemented the provisions of the Employment Law which had been applied in accordance with the moral and legal responsibility.
{"title":"THE JURIDICAL REVIEW OF FREELANCE WORKERS BASED ON THE PRINCIPLES OF JUSTICE","authors":"Yofriko Sundalangi","doi":"10.22487/J25272985.2018.V3.I1.8952","DOIUrl":"https://doi.org/10.22487/J25272985.2018.V3.I1.8952","url":null,"abstract":"This research aimed to investigate and obtain a clear picture about the status and the legal relationship of the freelance workers and the implementation of the manpower act to protect the freelance workers based on the justice principles. To expect that this research would be benefit for the readers in providing inputs or information about the status and the legal relationship with the freelance workers and the implementation of the manpower act to protect the freelance workers. The research used the normative empirical approach. The research population comprised the freelance workers, employers, and the data from the Department of Manpower and from the Social Security Administration Agency For Manpower in Makassar City. The samples were chosen using the Snowball Sampling Method and the descriptive analysis technique. The research results indicated that there had been many legal smuggling actions done by the enterpreneurs in their working relationship due to the absence of the clear regulations about the freelance workers. The enterpreneurs had not entirely fulfilled their responsibilities to the freelance workers, such as the wages of the workers had not been in accordance with MSEs, BPJS, Employment, Occupational Safety and Health. On the other hand, the freelance workers themselves were not yet aware of their rights and obligations because of the absence of the clear legal relationship set forth in the employment agreement and the lack of knowlegde. In fact, the employers should have implemented the provisions of the Employment Law which had been applied in accordance with the moral and legal responsibility.","PeriodicalId":31438,"journal":{"name":"Tadulako Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46877541","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 : 2018-06-30DOI: 10.22487/J25272985.2018.V3.I1.10238
H. Abadi, Efendi Ibnususilo, Rahdiansyah Rahdiansyah
Government absolute authorities in the religion affairs is the authority of the central government. In the dynamic development of political, many district that produce regional policy with respect to religion or to follow religious aspirations of local people. Some districts in Riau Province, a county division during the reform, including the district are very concerned about the development in the field of religion. In addition to physical development, the county authority also extend its authority in the religion affairs. Regional policy is embodied in the form of local laws, regulations regent, or Medium Term Development Plan (Plan) Government District in Riau Province. This is possible because there are no clear boundaries of understanding in the rule of religion affairs formulated by the law on local government. The central government, based on this study, it gives tacit consent when local governments do just that, because the rate it is going to add a lot of partners in the central government district. There is no struggle for power between central government and local governments, but the expansion of the district authority in religious issues involved in managing the government's response is a manifestation of the district in the religious aspirations of the people of the area
{"title":"REVIEW OF IMPLEMENTATION OF GOVERNMENT AUTHORITIES IN POLICY-MAKING IN THE \"RELIGIOUS AFFAIRS\"","authors":"H. Abadi, Efendi Ibnususilo, Rahdiansyah Rahdiansyah","doi":"10.22487/J25272985.2018.V3.I1.10238","DOIUrl":"https://doi.org/10.22487/J25272985.2018.V3.I1.10238","url":null,"abstract":"Government absolute authorities in the religion affairs is the authority of the central government. In the dynamic development of political, many district that produce regional policy with respect to religion or to follow religious aspirations of local people. Some districts in Riau Province, a county division during the reform, including the district are very concerned about the development in the field of religion. In addition to physical development, the county authority also extend its authority in the religion affairs. Regional policy is embodied in the form of local laws, regulations regent, or Medium Term Development Plan (Plan) Government District in Riau Province. This is possible because there are no clear boundaries of understanding in the rule of religion affairs formulated by the law on local government. The central government, based on this study, it gives tacit consent when local governments do just that, because the rate it is going to add a lot of partners in the central government district. There is no struggle for power between central government and local governments, but the expansion of the district authority in religious issues involved in managing the government's response is a manifestation of the district in the religious aspirations of the people of the area","PeriodicalId":31438,"journal":{"name":"Tadulako Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49047610","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 : 2018-06-30DOI: 10.22487/j25272985.2018.v3.i1.10231
Zulfi Diane Zaini, Lukmanul Hakim
Sources of collection of banking funds collected from the community are then distributed to the community in the form of credit. If the amount of funds disbursed by the bank to the community through credit are not refundable in accordance with the term has been agreed, the credit quality can be classified as non-performing loans or often referred to as Non Performing Loan (NPL). The impact of high NPL levels is disrupted by the liquidity of each banking institution.Research Objectives are: (1) To analyze the supervision of the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 on the Financial Services Authority. (2) To analyze the inhibiting factors in supervising the application of prudential principles in the provision of bank credit by the Financial Services Authority. Furthermore, this research uses research method with normative juridical approach, that is by collecting secondary data that is literature materials, as a technique to get information through tracing legislation and other regulations in accordance with research problems and then the data is analyzed by qualitative juridical .The results of the research show that (1) Supervision of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 concerning Financial Services Authority shall be conducted by Compliance Based Supervision (CBS), that is Compliance Monitoring banks against provisions relating to the operation and management of banks in the past in order to ensure that the bank has been operating and managed properly and properly according to prudential principles. In addition, Risk Based Supervision (RBS) is implemented, ie supervision using risk-based strategies and methodologies that enable bank supervisors to detect significant risks early and take appropriate and timely monitoring actions. (2) Inhibiting factors in supervising the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority is one of the most important that customers often in providing data to the Bank inaccurate and the existence of the prospective customer's delay in completing the file submission of credit. Keywords: Supervision, Financial Services Authority, Prudential Banking Principles, Credit
{"title":"CONTROLLING THE IMPLEMENTATION PRUDENTIAL PRINCIPLES IN BANKING LANDING BY FINANCIAL SERVICES AUTHORITY","authors":"Zulfi Diane Zaini, Lukmanul Hakim","doi":"10.22487/j25272985.2018.v3.i1.10231","DOIUrl":"https://doi.org/10.22487/j25272985.2018.v3.i1.10231","url":null,"abstract":"Sources of collection of banking funds collected from the community are then distributed to the community in the form of credit. If the amount of funds disbursed by the bank to the community through credit are not refundable in accordance with the term has been agreed, the credit quality can be classified as non-performing loans or often referred to as Non Performing Loan (NPL). The impact of high NPL levels is disrupted by the liquidity of each banking institution.Research Objectives are: (1) To analyze the supervision of the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 on the Financial Services Authority. (2) To analyze the inhibiting factors in supervising the application of prudential principles in the provision of bank credit by the Financial Services Authority. Furthermore, this research uses research method with normative juridical approach, that is by collecting secondary data that is literature materials, as a technique to get information through tracing legislation and other regulations in accordance with research problems and then the data is analyzed by qualitative juridical .The results of the research show that (1) Supervision of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 concerning Financial Services Authority shall be conducted by Compliance Based Supervision (CBS), that is Compliance Monitoring banks against provisions relating to the operation and management of banks in the past in order to ensure that the bank has been operating and managed properly and properly according to prudential principles. In addition, Risk Based Supervision (RBS) is implemented, ie supervision using risk-based strategies and methodologies that enable bank supervisors to detect significant risks early and take appropriate and timely monitoring actions. (2) Inhibiting factors in supervising the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority is one of the most important that customers often in providing data to the Bank inaccurate and the existence of the prospective customer's delay in completing the file submission of credit. Keywords: Supervision, Financial Services Authority, Prudential Banking Principles, Credit","PeriodicalId":31438,"journal":{"name":"Tadulako Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45727802","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 : 2018-06-30DOI: 10.22487/J25272985.2018.V3.I1.10368
D. Muhtada
This article discusses two legal cases happened in 2009: the cases of Prita Mulyasari and Bibit-Chandra. These cases are interesting as they involved the use of Internet as a medium for an effective civic engagement in controlling law enforcement. The response of the Indonesian public to the cases of Prita and Bibit-Chandra and their success stories in controlling the authorities indicate a significant existence of the so-called an “online parliament”, which signed an emergence of a new civil society movement in the modern Indonesia. This online parliament is much more inexpensive and independent than the conventional parliament. However, it might only work for political issues that attract much public attention and might be only accessible for those who have the access to the Internet.
{"title":"THE INTERNET, CIVIC ENGAGEMENT, AND NEW CIVIL SOCIETY IN INDONESIA: A LESSON FROM TWO TALES","authors":"D. Muhtada","doi":"10.22487/J25272985.2018.V3.I1.10368","DOIUrl":"https://doi.org/10.22487/J25272985.2018.V3.I1.10368","url":null,"abstract":"This article discusses two legal cases happened in 2009: the cases of Prita Mulyasari and Bibit-Chandra. These cases are interesting as they involved the use of Internet as a medium for an effective civic engagement in controlling law enforcement. The response of the Indonesian public to the cases of Prita and Bibit-Chandra and their success stories in controlling the authorities indicate a significant existence of the so-called an “online parliament”, which signed an emergence of a new civil society movement in the modern Indonesia. This online parliament is much more inexpensive and independent than the conventional parliament. However, it might only work for political issues that attract much public attention and might be only accessible for those who have the access to the Internet.","PeriodicalId":31438,"journal":{"name":"Tadulako Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47249597","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 : 2018-06-30DOI: 10.22487/J25272985.2018.V3.I1.8951
Athalia Saputra
The sale and purchase's binding agreement is often becomes a temporary hold for buyer of apartment units over the years. In every sale and purchase's binding agreement always made by developer only, beside that sale and purchase's binding agreement had a standard character and not detail, because there are still many things to be done in the process of splitting certificate. But this is becoming a sudden concern for developers, how if something wrong happens with the developer. every buyer has no proof of ownership yet. It is a dangerous thing for buyer. Proof of ownership to buyers is sale and purchase’s agrrement who made by Pejabat Pembuat Akta Tanah in Indoensia. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. In this study used deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, In Indonesia regulates the legal provisions for buyers where buyers can apply for legal remedies through courts of law in Indonesia. The regulation which regulated are Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun.
多年来，具有约束力的买卖协议往往成为公寓单位买家的暂时持有。在每一份买卖约束协议中，都是由开发商单独制定的，除此之外，买卖约束协议具有规范性而不是细节性，因为在分割证书的过程中还有很多事情要做。但这突然成为了开发者的担忧，如果开发者出了问题该怎么办?每个买家都没有所有权证明。这对买家来说是件危险的事。买家的所有权证明是由Pejabat Pembuat Akta Tanah在印度尼西亚签订的买卖协议。运用规范法学研究进行的研究，在发现与法律问题有关的法律规则、法律原则和法律学说的过程中面对法律问题。在这项研究中，使用了演绎法，从常见的事情开始，然后应用到问题的表述中，可以产生具体和合理的答案。根据研究结果，从各种法律规则、学说来看，在印度尼西亚规定了买方的法律条款，买方可以通过印度尼西亚的法院申请法律救济。规范的法规是Undang-Undang Nomor 8 Tahun 1999 tenang Perlindungan Konsumen Undang-Undang Nomor 20 Tahun 2011 tenang Rumah Susun。
{"title":"LEGAL PROTECTION ON APARTMENT UNIT PURCHASER IN RELATED TO THE OWNERSHIP","authors":"Athalia Saputra","doi":"10.22487/J25272985.2018.V3.I1.8951","DOIUrl":"https://doi.org/10.22487/J25272985.2018.V3.I1.8951","url":null,"abstract":"The sale and purchase's binding agreement is often becomes a temporary hold for buyer of apartment units over the years. In every sale and purchase's binding agreement always made by developer only, beside that sale and purchase's binding agreement had a standard character and not detail, because there are still many things to be done in the process of splitting certificate. But this is becoming a sudden concern for developers, how if something wrong happens with the developer. every buyer has no proof of ownership yet. It is a dangerous thing for buyer. Proof of ownership to buyers is sale and purchase’s agrrement who made by Pejabat Pembuat Akta Tanah in Indoensia. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. In this study used deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, In Indonesia regulates the legal provisions for buyers where buyers can apply for legal remedies through courts of law in Indonesia. The regulation which regulated are Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun.","PeriodicalId":31438,"journal":{"name":"Tadulako Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43746626","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 : 2018-06-30DOI: 10.22487/J25272985.2018.V3.I1.10364
Desy Churul Aini, Desia Rakhma Banjarani
The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.
{"title":"ENVIRONMENTAL PROTECTION IN ARMED CONFLICT ACCORDING TO INTERNATIONAL HUMANITARIAN LAW","authors":"Desy Churul Aini, Desia Rakhma Banjarani","doi":"10.22487/J25272985.2018.V3.I1.10364","DOIUrl":"https://doi.org/10.22487/J25272985.2018.V3.I1.10364","url":null,"abstract":"The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.","PeriodicalId":31438,"journal":{"name":"Tadulako Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47216684","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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