UNES Law Review (Universitas Ekasakti Padang)
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Pengaturan Pengupahan Tenaga Kerja UMKM Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Menurut Perspektif Hak Asasi Manusia
Get PDFFrom issues of protection, wages, welfare, industrial relations disputes, labor development and inspection. The philosophy of the Labor Law in force in Indonesia is that national development is carried out in the context of the complete development of Indonesian people and the development of Indonesian society as a whole to create a prosperous, just, prosperous, equitable society, both materially and spiritually based on Pancasila and the Constitution of the Republic of Indonesia. Indonesia in 1945. Wage arrangements for MSME workers which are only determined based on an agreement will have the potential for irregularities in wages. Even with the arrangement of wage payments to see indications of economic conditions by the government, the wages of MSME workers should be determined like other workers. This research is a normative legal research (doctrinal research) with a Statutes Approach and a conceptual approach. The results of this study explain first, special arrangements for the Indonesian government\u27s MSMEs wages aim to realize quality employment development. Determination of wages in the MSME sector is not only based on agreements and the average consumption of the community. Instead, employers are required to compile and implement a pay scale structure with due regard to financial capabilities and productivity. Second, the legal consequence of the existence of Perpu 2/2022 creates a decent wage for MSME workers. Fulfillment of wages for MSME workers provides legal certainty and is able to guarantee their survival based on the principle of balance
Penyelesaian Sengketa Pegadaian Terhadap Konsumen Atas Rusaknya Objek Jaminan Gadai
Get PDFPT. Pegadaian in Indonesia are regulated in Law Number 21 of 2011 concerning the Financial Services Authority and regulated in the Civil Code. Looking at the problem of damaged consumer pawn objects due to PT. Pegadaian, four-wheeled vehicles are often the object of pawn collateral for loan funds. The debt and receivable agreement and the additional guarantees are not free from errors on the part of one of the parties, such negligence is a breach of contract. Based on the losses experienced by consumers due to damaged pawned goods, the parties must resolve the dispute. This research aims to determine the legal protection for customers as consumers for damage to collateral objects as well as to determine the resolution of disputes between the parties. The research method used in this writing uses normative juridical research methods. The author uses research methods with primary, secondary and tertiary legal materials. The data analysis method used by the author is a qualitative method, namely describing the research results from two variables, namely cause and effect by involving legal materials. The results of the research are in accordance with the problem formulation, namely that the pawnshop must take care of the collateral so that damage does not occur in accordance with existing regulations, legal protection for consumers can be given repressive legal protection, and dispute resolution can be carried out through mediation. It is hoped that suggestions regarding this problem will enable pawnshops to pay more attention to collateral items which are pledged as deposits, and to be able to care for collateral items properly to prevent damage which could result in losses for consumers
Dinamika Politik Pasca Amandemen UUD NRI 1945 : Evaluasi Pemakzulan Presiden berdasarkan Putusan Justisil dan Keputusan Politik
Get PDFThe procedure for dismissing the President, which is often referred to as impeachment, is an action that is natural in the presidential system. The demand for the dismissal of the President and Vice President halfway because of government policies that were considered impartial to the people at that time became a controversial act. This is because, after the amendment of the Constitution of the Republic of Indonesia Year 1945 (UUD NRI 1945) regarding the impeachment procedure and mechanism is still quite complicated and does not have a comprehensive regulation regulating the impeachment mechanism of the President and or Vice President. Article 7B of the 1945 NRI Constitution only specifies in general terms the impeachment mechanism for the President. This difficult stage must be motivated because the President has violated the constitution. Therefore, in this study, the author will elaborate in more detail regarding the impeachment mechanism against the President Justisil Verdicts and Political Decisions
Revolusi Digital dalam Peradilan Agama: Membuka Jalan bagi Keadilan yang Lebih Inklusif di Indonesia
Get PDFThis research explores the transformation in Indonesia\u27s religious courts triggered by the current development of digital technology. A particular focus is given to how digitization affects efficiency and access to justice, particularly in remote areas. Despite improvements in the application of technology, there remains a knowledge gap regarding the social impact and inclusiveness of digitization in religious justice practice. The methodology used was qualitative with an analytical descriptive approach focusing on the study of relevant literature to gain a comprehensive understanding. The results showed that digitization has improved the efficiency of the judicial process and facilitated effective and efficient access to legal information, however there are significant infrastructure and digital literacy challenges. The findings highlight that while digitization provides benefits in accelerating case handling, gaps in digital access and literacy are major barriers to its implementation. The implication is that there is a need for improved digital infrastructure and literacy, as well as training for stakeholders to effectively integrate digital technology in the religious justice system in Indonesia
Perlindungan Hukum Terhadap Tidak Terpenuhinya Hak Anak Akibat Perceraian dari Perkawinan Campuran (Studi Putusan Pengadilan Nomor: 502/PDT.G/2018/PN.JKT.PST)
Get PDFMixed marriages are marriages between men and women who have different citizenship and rule of law and one of them is an Indonesian citizen as regulated in Article 57 of Law Number 16 of 2019 Amendments to Law Number 1 of 1974 about Marriage. Children\u27s rights are part of human rights. However, it becomes a polemic if it turns out that the court decision cannot provide legal protection for children\u27s rights. Focus of this research is 1. How is legal protection the children\u27s rights due divorce from a mixed marriage? 2. How is the solutions of legal protection of children\u27s rights due to divorce from mixed marriages?. The research method used is descriptive analytical with a normative juridical approach. The results of this research is that it can be concluded that the obligations and responsibilities of parents to children are not interrupted even though the parents already divorce. With the divorce from mixed marriages, the children’s rights must be protected according to the legal regulations in force in the country of origin from both parents. To protect children’s rights in divorce from mixed marriages, the solution is that the nation make a new laws and regulations regarding legal protection of children’s rights from mixed marriages
Pertanggungjawaban Direksi Atas Tindak Pidana Korporasi
Get PDFCompanies are legal entities (rechtspersoon) which are legal subjects other than humans. Just like humans, companies can also be subject to rights and obligations, and like humans too, companies can be held accountable if they are proven to have made mistakes and caused losses, including liability for criminal acts. The company in its business activities certainly does not operate alone. There is a management who becomes the "captain" for the company to carry out its business activities. One of the managements is the Board of Directors. The author tries to discuss the meaning of corporate crime, the responsibility of the directors in the Limited Liability Company Law for an action in running the company and, after that, the author will discuss the responsibility of the directors for a criminal act committed by the company, commonly referred to as a corporate crime
Implementasi Aturan Terkait Pembukaan Rekening Nasabah (Studi Kasus PT Bank Central Asia Tbk)
Get PDFOpening a savings account, a common practice in modern society, is subject to specific bank requirements, including the criterion of adulthood regulated by Indonesian law. This juridical research navigates challenges such as legal disparities and regulatory changes related to the criteria for opening savings accounts. Ethical considerations and consumer protection play a pivotal role in determining adulthood criteria, contributing to a nuanced understanding of the legal aspects of banking transactions. The study provides insights for banks to adapt account opening policies to Indonesia\u27s evolving legal landscape. Despite technological advancements in the banking sector, compliance with account opening requirements remains crucial. The study sheds light on legal aspects, particularly digital identification and identity verification in the context of savings account opening. Legal frameworks such as Law No. 19 of 2016 and Bank Indonesia\u27s regulations underpin the review of savings account opening requirements, addressing consumer protection and banking transaction security. Relevant to the banking industry\u27s current technological landscape, this research aids regulatory compliance and fosters consumer trust in digital banking services. The study offers insights into how technology shapes savings account opening requirements, providing a foundation for enhancing banking policies in the digital era
Analisis Pergeseran Budaya Kawin Tangkap Terhadap Perempuan Dalam Pemikiran Legal Feminist Di Kabupaten Sumba Tengah
Get PDFThe culture of capture marriage in Central Sumba Regency has experienced a shift in cultural values that has resulted in violence against women, triggering debates between customary law and Indonesian positive law. This study aims to describe the essence of the culture of catch marriage for women in Central Sumba Regency and its compatibility with Positive Law and to elaborate on the shift in the culture of catch marriage for women in Central Sumba Regency in Legal Feminist thinking. The research method used is empirical legal research which obtains data from primary data or data obtained directly from the community and library legal sources. The results of the study show that the practice of catch marriage is no longer in line with the principles of the Indonesian State which ratified the Human Rights Law, because this practice indicates various oppression against women specifically in the process of arrest and detention. Using feminist legal theory, from the legal text analysis approach, it is found that the weaknesses of customary law in Central Sumba are patriarchal and communal, while the legal text of the Sexual Violence Crime Law has weaknesses in the unavailability of implementing regulations and there is a legal vacuum in the local government of Central Sumba Regency regarding arrest marriages. In the approach to legal application, cases of capture marriage are dominantly resolved by custom, due to family relations and the attachment of capture marriage to the culture of the indigenous people of Central Sumba. The novelty in this research is to describe the essence of culture and the reality of a shift in the culture of capture marriage in Central Sumba Regency, which is analyzed through a legal feminist theory approach to its handling. This research is only limited to the culture of capture marriage that occurs in Central Sumba Regency in a feminist legal approach.Budaya kawin tangkap di Kabupaten Sumba Tengah telah mengalami pergeseran nilai budaya yang mengakibatkan kekerasan terhadap perempuan sehingga memicu perdebatan antara hukum adat dan hukum positif Indonesia. Penelitian ini bertujuan untuk mendeskripsikan esensi budaya kawin tangkap terhadap perempuan di Kabupaten Sumba Tengah dan kesesuaiannya dengan Hukum Positif serta untuk mengelaborasi pergeseran budaya kawin tangkap terhadap perempuan di Kabupaten Sumba Tengah dalam pemikiran Legal Feminist. Metode penelitian yang digunakan yaitu penelitian hukum empiris yang memperoleh data dari data primer atau data yang diperoleh langsung dari masyarakat dan sumber hukum kepustakaan. Hasil penelitian menunjukan praktik kawin tangkap ini tidak lagi selaras dengan prinsip Negara Indonesia yang meratifikasi UU Hak Asasi Manusia, sebab praktik ini terindikasi berbagai penindasan terhadap perempuan secara khusus dalam proses penangkapan dan penahanan. Menggunakan teori hukum feminis, dari pendekatan analisis teks hukum ditemukan kelemahan hukum adat di sumba tengah yaitu bersifat patriarki dan komunal, sedangkan teks hukum UU Tindak Pidana Kekerasan Seksual memiliki kelemahan pada ketidaktersediaan peraturan pelaksana dan terdapa kekosongan hukum diranah pemerintah daerah Kabupaten Sumba Tengah terkait kawin tangkap. Pada pendekatan penerapan hukumnya, kasus kawin tangkap dominan diselesaikan secara adat, dikarenakan relasi hubungan keluarga dan kemelekatan kawin tangkap dengan budaya masyarakat adat Sumba Tengah. Kebaruan dalam penelitian ini adalah mendeskripsikan esensi budaya dan realitas telah terjadinya pergeseran budaya kawin tangkap di Kabupaten Sumba Tengah, yang dianalisis melalui pendekatan legal feminist theory terhadap penanganannya. Penelitian ini hanya dibatasi pada budaya kawin tangkap yang terjadi di kabupaten Sumba Tengah dalam pendekatan hukum feminis
Perlindungan Hukum PT Pegadaian (Persero) Selaku Kreditur Aras Barang Curian Dijadikan Jaminan Gadai (Studi Putusan Nomor 517/Pid.B/2023/PN SMG)
Get PDFAn economy that continues to develop in line with society\u27s current needs. Loans using a pawn system are one of the alternatives chosen for distributing financing funds. However, in practice, there is still the practice of pawning credit systems with goods obtained from criminal acts, which is detrimental to PT Pegadaian (Persero) as the creditor of the pawnbroker. The method used in this research is Normative-Empirical with a qualitative descriptive approach. The results of the research show that, the position of PT Pegadaian (Persero) in this case as a creditor who gave the pawn, even though the collateral originates from a crime, namely, theft, does not necessarily make the company\u27s position as a custodian. This is strengthened by the applicable laws and regulations and based on the considerations of the property judge. the guarantee is returned to PT Pegadaian (Persero). The anticipatory solution for PT Pegadaian (Persero) is that the company can reaffirm the regulations regarding the inclusion of collateral documents such as receipts for purchasing gold jewelry. Or it can be confirmed through a third party regarding ownership of the collateral. Next, the customer needs to make a statement as well as a power of attorney and approval for the goods to be guaranteed from the actual owner of the goods
Analisis Implementasi Undang-Undang Wakaf Nomor 41 Tahun 2004 Terhadap Peran Nazhir dalam Pengelolaan Wakaf: Studi Kasus Putusan Perkara Nomor 20/Pdt.G/2023/PN Msb
Get PDFThis research analyzes the application of the Waqf Law Number 41 of 2004 to the role of nazhir in waqf administration, taking the case study of Case Decision Number 20/Pdt.G/2023/PN Msb as a basis. The focus is on evaluating the role and performance of the nazhir in the legal context, as well as its impact on the continuity of the waqf and the integrity of the nazhir. Through a normative legal approach, this research identifies the nazir\u27s responsibilities and duties in maintaining and managing waqf assets following Sharia principles. Analysis of Decision Number 20/Pdt.G/2023/PN Msb reveals the judge\u27s consideration of the nazir\u27s role in managing waqf land, especially in the context of the conflict over ownership of land intended for the Baitul Makmur Mosque. This research explores the relationship between the nazhir\u27s role and the implementation of the Waqf Law, as well as the impact of the judge\u27s considerations on the decision in the case. As a result, protection of waqf ownership, especially in the context of waqf land, emerged as crucial. Emphasis is also placed on the important role of nazhir in safeguarding and managing religious assets for the public interest