Jurnal Online Universitas Pekalongan
Not a member yet
3388 research outputs found
Sort by
IMPLIKASI PUTUSAN MK NOMOR 168 TAHUN 2023 TENTANG PERLINDUNGAN HAK-HAK BURUH PADA UU CIPTAKER TERKAIT PELAKSANAAN UPAH MINIMUMDI KABUPATEN KARAWANG
No full textThe protection of workers\u27 rights, particularly concerning minimum wage (UM), has become a central issue in the evolving landscape of Indonesian labor law. This study is motivated by the elimination of sectoral minimum wages through Government Regulation No. 36/2021 and the enactment of the Omnibus Law (UU Ciptaker), which sparked widespread controversy, especially regarding the protection of workers\u27 rights and the transparency of the legislative process. Grounded in the theories of the rule of law, human rights protection, and the principles of good governance, this research employs normative legal methods using a statute approach and literature study. Data collection was conducted through the examination of primary legal materials such as laws and Constitutional Court decisions, as well as secondary legal sources including academic journals, legal books, and relevant scholarly articles. The data was analyzed qualitatively using a descriptive-analytical technique to interpret the legal implications of Constitutional Court Decision No. 168/PUU-XXI/2023. The findings reveal a misalignment between the objectives of the Omnibus Law and the implementation of workers\u27 rights protections. Meanwhile, the Constitutional Court\u27s decision offers a new perspective on the limitations of legislative authority, encouraging the separation of labor regulations from the Omnibus Law, and reinforcing constitutional guarantees for workers\u27 rights. This decision has had a significant impact on wage policy, particularly in Karawang Regency, where the determination of minimum wage must now adhere to the principles of social justice, transparency, and respect for fundamental workers\u27 rights, as subsequently implemented through the issuance of Minister of Manpower Regulation No. 16/2024 on the Determination of Minimum Wage for 2025. Overall, the Constitutional Court\u27s decision strengthens the legal structure of Indonesian labor law, underscores the importance of the rule of law in protecting workers\u27 rights, and marks a pivotal moment in the reform of labor regulations in line with social justice and human rights values.Perlindungan hak pekerja, terutama terkait UM, menjadi isu sentral dalam dinamika hukum ketenagakerjaan Indonesia yang terus berkembang. Penelitian ini dilatarbelakangi oleh penghapusan UM sektoral melalui PP 36/2021 dan pengesahan UU Ciptaker yang memicu kontroversi luas, khususnya menyangkut perlindungan hak pekerja dan keterbukaan proses legislasi. Berlandaskan pada teori negara hukum, perlindungan HAM, dan prinsip tata kelola pemerintahan yang baik, penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan (statute approach) dan studi kepustakaan. Pengumpulan data dilakukan melalui penelusuran bahan hukum primer berupa peraturan perundang-undangan dan putusan Mahkamah Konstitusi, serta bahan hukum sekunder dari jurnal ilmiah, buku hukum, dan artikel akademis yang relevan. Analisis data dilaksanakan secara kualitatif dengan teknik deskriptif-analitis untuk menginterpretasikan implikasi hukum dari Putusan MK Nomor 168/PUU-XXI/2023. Hasil penelitian menunjukkan adanya ketidakselarasan antara tujuan UU Ciptaker dengan implementasi perlindungan hak pekerja, sementara putusan MK tersebut menghadirkan perspektif baru dalam batasan kewenangan legislasi, mendorong pemisahan regulasi ketenagakerjaan dari UU Ciptaker, serta memperkuat jaminan konstitusional terhadap hak pekerja. Putusan ini berdampak signifikan terhadap kebijakan pengupahan, terutama di Kabupaten Karawang, di mana penentuan UM kini wajib mengacu pada asas keadilan sosial, transparansi, dan penghargaan terhadap hak fundamental pekerja, yang kemudian ditindaklanjuti dengan penerbitan Permenaker 16/2024 tentang Penetapan UM Tahun 2025. Secara keseluruhan, putusan MK ini memperkokoh struktur hukum ketenagakerjaan Indonesia, menggarisbawahi pentingnya prinsip negara hukum dalam melindungi hak pekerja, dan menjadi momentum penting dalam penataan ulang regulasi ketenagakerjaan yang sejalan dengan nilai-nilai keadilan sosial dan HAM
Exploring the Role of Restorative Justice in the Recovery of State Finances from Corruption Crimes
Get PDFThis article delves into the essence resonating with Indonesia\u27s values, embodying a distinctive manifestation of retributive justice rooted in classical criminal law. Employing the juridical normative method, we explore the compatibility of the Restorative Justice program with Indonesian law and Pancasila principles, specifically addressing financial fraud. Positioned as a national policy, Restorative Justice posits that economic emulation requires holistic support, emphasizing the social impact of punishment as a deterrent and preventive measure. The implementation calls for a nuanced, humane approach outlined in the RKUHP\u27s Ius Constituendum to effectively achieve its goals of prevention and intervention. This study proposes a compelling strategy, urging the public admission of guilt as a moral responsibility to counteract corruption\u27s detrimental effects, aligning with the theme "Reviving State Finances: Exploring Restorative Justice for Combatting Corruption." By grounding the discussion in the Indonesian context, the article offers a valuable perspective for the international audience, capturing and comparing global issues while addressing the specific challenges faced by Indonesia
Harmony in The Family of Early Marriage Through Kawin Tangkap in The Islamic Community of Sapeken Islands Ofumenep Regency Perspective M. Qurais Shihab
Get PDFThe practice of catch marriage which results in early marriage is still rampant in Indonesia, especially in remote areas such as the Sapeken Islands. This research aims to explore the problem as a new issue, with the title "Harmony in the Family of Early Marriage through Catch Marriage in the Islamic Community of Sapeken Islands, Sumenep Regency Perspective of M. Qurais Shihab". This research discusses three things, namely the factors that cause early marriage through catch marriage in the Sapeken Islands, the practice of its implementation, and the formation of family harmony in the marriage according to the views of M. Quraish Shihab. This research uses a qualitative approach to examine phenomena that occur naturally, with ethnographic methods. The research location is on Sapeken Island, Sumenep Regency, East Java, with the local Islamic community as the subject. Data were collected through observation, interviews and documentation, then analyzed through four stages: collection, reduction, presentation and conclusion. The findings of this study are, first, catch marriage in Sapeken Islands occurs as a response to violations of religious and social norms by young people, such as being alone in forbidden places or committing immoral acts. The main factor is the family\u27s belief that early marriage can improve their good name and avoid stigma, plus the pressure of social and customary norms. Second, the practice of catch marriage begins with community suspicion, followed by the arrest of the man and the execution of the marriage contract by religious leaders to maintain order. Third, according to M. Quraish Shihab, marriage should be based on love and understanding, but sudden arranged marriages without careful preparation risk causing conflict and negative social and psychological impacts in the family
Collaborative Governance in Improving the Quality of Digital Population Identity Services in Central Mamuju Regency
Get PDFThis research aims examine the application of collaborative governance in improving the quality of digital identity services in Central Mamuju Regency. This research focuses on collaboration which is designed using a qualitative approach. The informants of this research consisted of internal and external parties of the Population and Civil Registration Office of Mamuju Tengah Regency which were determined purposively. External parties are partners of the agency in implementing digital identity in Central Mamuju Regency. Data collection techniques include observation, in-depth interviews, and documentation, while the data analysis of this research uses an interactive approach which includes data collection, data condensation, data presentation, and conclusion drawing. The results showed that inter-stakeholder collaboration is still at a very early stage and has not been effective in driving significant implementation achievements. The realization of the Digital Population Identity program, which only reached 2% of the target, indicates a weak integration between unsupportive initial conditions, poorly structured institutional design, un-transformative leadership, and the lack of participatory and inclusive collaborative processes. This finding reinforces the assumption in collaborative governance theory that the success of a public program, especially one that is cross-sectoral and based on digital technology, is largely determined by structural readiness, clarity of institutional roles, and the presence of leadership that is able to mobilize synergies and create a shared deliberative spac
Legal Consequences And Responsibilities Of Substitute Notaries For Copies Of Deeds That Differ From The Minutes Of The Deeds
Get PDFThe substitute Notary, as a public official authorized to create authentic deeds, must exercise caution and be meticulous in performing their duties when replacing a notary who is on leave, ill, or temporarily unable to perform their notarial duties. Article 65 of the Notary Position Law (UUJN) states that a Substitute Notary is also responsible for every deed they create. In practice, there is a possibility that a Substitute Notary may issue a deed copy that does not match the original deed\u27s minute. This paper aims to examine the legal consequences and sanctions that may be imposed on a Substitute Notary in relation to discrepancies between the deed copy and the original deed minute. This study uses doctrinal research with an explanatory-analytical typology, utilizing secondary data and employing qualitative data analysis methods to present findings derived from secondary data. The conclusion indicates that discrepancies between a deed copy and the original deed minute by a Substitute Notary are not permissible in notarial practice. The Substitute Notary may be held accountable for their actions if they are proven to have made such discrepancies. The legal consequence of a deed copy differing from the original minute is that the deed is considered legally defective and is treated as a private deed. The creation of a deed copy that does not match the original minute may also cause harm to the parties involved, and sanctions can be imposed for violating the code of ethics and applicable laws and regulations. It is recommended that there be stricter supervision and continuous training for Notaries and Substitute Notaries to ensure a deep understanding of the procedures for creating authentic deeds, as well as enhanced awareness of ethics and the responsibilities of Substitute Notaries
The Debtor\u27s Void Claims Against the Debtor\u27s Obstacles of Achievement are Disclaimed with Forcess Majeure
No full textThe purpose of this research is to analyze when the debtor is unable to carry out what has been agreed, not because of the debtor\u27s own fault, the obstruction to achievement is caused by an unexpected event, a forceful situation, causing the debtor to be unable to perform, and what are the legal consequences? Due to the debtor\u27s actions, the creditor uses his right to sue the debtor, namely breach of contract. The research method used is a type of normative legal research by analyzing legislative, jurisprudential and doctrinal approaches, as well as cases that occur, where the theory used in analyzing is the theory of good faith, pacta sunt servanda. The results of this research illustrate the legal consequences of debtors being hindered due to compelling force majeure. external research as teaching material in contract law lectures, for students and the interested publi
The Perspective of Civil Law in Legal Protection for Children in Bullying Cases
Get PDFCivil law plays a crucial role in protecting children who are victims of bullying by providing a legal basis to claim compensation for material and immaterial damages. Article 1365 of the Civil Code, which regulates unlawful acts, allows bullying victims to seek compensation from the perpetrator or negligent parties, such as schools. Additionally, the civil law approach supports dispute resolution through mediation, in line with the best interests of the child principle. Preventive protection can also be implemented through anti-bullying policies in schools that require educational institutions to be responsible for student safety. However, the implementation of civil law in bullying cases faces challenges, such as difficulties in proving psychological harm and a lack of public understanding of legal rights. Therefore, broader legal awareness and legal education are needed to strengthen children\u27s protection against bullying.Abstract
Civil law plays a crucial role in protecting children who are victims of bullying by providing a legal basis to claim compensation for material and immaterial damages. Article 1365 of the Civil Code, which regulates unlawful acts, allows bullying victims to seek compensation from the perpetrator or negligent parties, such as schools. Additionally, the civil law approach supports dispute resolution through mediation, in line with the best interests of the child principle. Preventive protection can also be implemented through anti-bullying policies in schools that require educational institutions to be responsible for student safety. However, the implementation of civil law in bullying cases faces challenges, such as difficulties in proving psychological harm and a lack of public understanding of legal rights. Therefore, broader legal awareness and legal education are needed to strengthen children\u27s protection against bullying
Paradigm Shift in the Concept of Democracy in Decision Making within Individual Companies
Get PDFTo enhance economic growth in Indonesia, active community participation through the establishment of companies is crucial. Various types of companies, both non-legal entities and legal entities, exist to meet business needs, including Micro, Small, and Medium Enterprises (MSMEs). With the introduction of the Individual Company concept in Law No. 11 of 2020 on Job Creation, significant changes have emerged in the structure and decision-making mechanisms. The Individual Company allows individuals to establish a business with just one shareholder, eliminating the minimum capital requirement and the need for multiple founders. This shift impacts the democratic principles of decision-making, where strategic decisions are entirely in the hands of one individual, potentially reducing accountability and transparency. This research employs a normative research method. The findings indicate that the Job Creation Law introduces individual companies in Indonesia, allowing individuals to establish companies without partners and removing the minimum capital requirement. This supports Micro and Small Enterprises (MSEs) and emphasizes legal equality in shareholder decisions, despite implementation challenges related to the role of the General Meeting of Shareholders (GMS). The elimination of the GMS and Board of Commissioners in Individual Companies grants absolute power to the single shareholder, increasing the risk of abuse of power. While decision-making becomes more efficient, the lack of control may lead to legal issues and ineffective governance
Pemenuhan Hak Masyarakat Adat Dalam Pengelolaan Sumber Daya Mineral Galian C
No full textNatural resources in the Mining sector must be developed as much as possible to achieve development. So there needs to be an integrated survey from experts so that it can generate benefits for the welfare of indigenous peoples, environmentally friendly. The type of research conducted by the author is normative research. The purpose of the research is to find out and analyze the fulfillment of indigenous peoples\u27 rights in the management of Class C mineral resources. The research results obtained are that in fulfilling the rights of indigenous peoples in the management of Class C mineral resources, there needs to be cooperation between indigenous peoples, companies and the government so that it will have an impact on the welfare of indigenous peoples and also the realization of the principle of sustainable development through Good Mining Practice.Sumber daya alam dibidang Pertambangan harus dikembangkan semaksimal mungkin untuk tercapainya pembangunan. Maka perlu ada survei yang terintegrasi dari para ahli agar dapat menimbulkan keuntungan bagi kesejateraan masyarakat adat, ramah lingkungan. Jenis penelitian yang penulis lakukan yaitu penelitian normatif. Tujuan penelitian adalah mengetahui dan menganalisa pemenuhan hak masyarakat adat dalam pengelolaan sumber daya mineral galian C. Hasil penelitian yang diperoleh adalah dalam peemnuhan hak masyarkat adat dalam pengeloaan sumber daya mineral galian C perlu adanya kerjasama yang terbangun antara masyarakt adat, perusahan dan pemerintah sehingga akan membawa dampak bagi kesejahteraan masyarakta adat dan juga terwujudnya prinsip pembangunan berkelanjutan dengan cara Good Mining practice
Kata Kunci : Pemenuhan, Hak Masyarakat Adat, Pengelolaan Sumber Daya Minera
Legal Status and Rights of Children from Mixed Marriages Abroad that are not Registered in the Indonesian Civil Registry
Get PDFThis study aims to analyze (1) the registration of mixed marriages conducted abroad in the Indonesian Civil Registry and (2) the rights and legal status of children from mixed marriages abroad who are not registered with the Indonesian Civil Registry. Technology development has increased interactions between citizens of different countries, resulting in mixed marriages. The prospective husband and wife from various nationalities are subject to the laws of their respective countries. In the international realm, there are differences between Indonesian marriage laws and those of other countries, both in material and procedural aspects. The research method used is normative juridical. The findings of this study indicate that mixed marriages conducted abroad can be registered in Indonesia by fulfilling administrative requirements. Children from mixed marriages abroad who are not registered in Indonesia are considered Indonesian citizens and have rights as children born out of wedlock unless acknowledged by their father or it can be proven that the child has a blood relationship with the father