Sriwijaya Law Review
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Legal Protection for Nightclubs Female Workers in Bali
Full text linkThis study aims to identify, analyse, and find the risks and legal protections for female workers at nightclubs in Badung, Bali, Indonesia. Through empirical legal research, based on the study's results, it can be found that there are many risks faced by female workers who work at nightclubs. The risks faced by female workers at nightclubs in Badung, Bali, can include health risks (physical and mental/psychological), safety risks, risks of victimisation (becoming victims of criminal acts), getting a negative prejudice from the community, being ostracised, and the risk of falling into prostitution and drug abuse. Legal protection for female workers in nightclubs has yet to be implemented optimally. Many rights and protections are owned by women who work in nightclubs, but nightclubs cannot reach them. There are still many violations of the law against female workers. Management does not provide rights for night workers in accordance with the provisions of the Manpower Act because these workers are not included in the Labor Union. The legal consequences for women workers at night entertainment sites need better legal protection, especially in the context of the labour force. Stigmatising women employees at night recreation sites as prostitution workers also weakens protection for them.Women workers do not fight for their rights because they do not have much understanding of their rights
Problematics of Inter-Regional Cooperation in Indonesia
Full text linkThis article aims to identify the problems of implementing inter-regional cooperation from the widest possible autonomy perspective. This becomes important because cooperation between regions seems to run well shortly after policies in the form of laws and government regulations are enacted. However, in regional cooperation, many problems lurk and can lead to the failure of cooperation between regions. This research is legal research using a statute approach, a conceptual approach, and a historical approach. This research method and approach are appropriate to explain the problematic phenomenon of cooperation between regions in Indonesia based on Law No. 23 of 2014 concerning Regional Government. Based on the results of preliminary research, several problems arise in the implementation of regional cooperation, especially cooperation between regions, including the following: First, cooperation between regions whose object is related to income sharing often experiences difficulties in its implementation, especially in determining the amount of income/profits for each region; Second, the emergence of regional egoism, especially in the cooperation between the Parent Region and the regions resulting from the expansion; Third, the lack of data and information about the object of cooperation that has the potential to be better if implemented through cooperation between regions that are geographically close together; Fourth, the lack of initiation to carry out cooperation between regions due to the mindset of each region to deal with internal affairs only; and Fifth, no institution/agency specifically handles inter-regional cooperation
The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia
Full text linkThis research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm
Legal Consequences of Disobedience of Provisional Decision of the Administrative Court
Full text linkThe existence of a legal vacuum in the State Administrative Court (PTUN) procedural law relating to the execution of the PTUN Provisional Decision raises the issue of Judicial Disobedience by state administrative institutions that do not want to carry out the PTUN Provisional Decision. Departing from this, there are two main problem formulations, namely: (1) What are the characteristics of PTUN provisional decisions? and (2) What is the formulation of legal protection against non-compliance with PTUN provisional decisions? Furthermore, this legal research uses a statutory approach, a conceptual approach, and a case approach. Based on an examination of existing legal issues, it can be concluded that provisional decisions are known in PTUN procedural law practice, where provisional decisions are submitted for matters deemed essential (urgent circumstances) by the Plaintiff to the Panel of Judges to be decided in an Interim Decision. Suppose the Party ordered by the PTUN does not implement the PTUN provisional decision. In that case, 2 (two) legal preventive mechanisms and 3 (three) legal repressive remedies can be taken in stages: 1) Sending a letter to the relevant agency, 2) Reporting to the Ombudsman, and 3) Using Criminal Law Mechanisms
Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law
Full text linkIn light of the increasing role of corporations in facilitating gross human rights violations, this article seeks to evaluate the implementation of the Indonesian Criminal Law in addressing corporate criminal liability. Notably, the recently amended Indonesian Criminal Law recognizes corporations as subjects of criminal law, but Law No. 26 of 2000, which regulates gross human rights violations, does not. Consequently, this research specifically scrutinizes the Indonesian Criminal Code, Law No. 26 of 2000, and international legal standards to answer the issues: rules of aiding and abetting under international criminal law and the applicability of corporate culture theory, and the implementation of Indonesian Criminal Law in addressing corporate criminal liability for gross human rights violations. Examining these issues relies on three methodologies, namely the statutory approach, conceptual approach, and case approach. The results of this article uncover that the recognition of corporations as subjects under the new Indonesian Criminal Code and rectification of the ratione materiae of Law No. 26 of 2000 open the avenue for corporations to be held criminally liable for gross human rights violations based on aiding and abetting. Furthermore, the theory of corporate culture envisaged in the new Indonesian Criminal Code renders the plausibility of holding corporations liable if they are deemed to cultivate a culture that pushes or encourages a gross human rights violation.
The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia
Full text linkThe development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief
Indonesia’s Contra-Productive Regulation against the Rights of Unskilled Workers for Balinese in New Zealand
No full textNew Zealand relies heavily on its agricultural industry. There are over 4,150 cultivators in the horticultural sector. They require the cooperation of foreign workers. Some of them were recruited from Indonesia, where most of the labour force is poor and unskilled. This research is conducted to analyse the compatibility of legislation and policy in Indonesia and New Zealand. So, they may enjoy their rights and possibilities for choosing, acquiring, or migrating from one work to another and earning a fair salary, whether domestically or internationally. Based on the contextual law method, it has been concluded that New Zealand’s laws provide excellent regulations for such enjoyment. Regarding the equal enjoyment of their fundamental employment rights, Indonesian Law and policy have failed to meet the needs of employees. This article demonstrates the Indonesian and New Zealand legal systems’ capacity and the need for Indonesian Law to be reconstructed to fulfil workers' demands
The Paradox of Downstream Mining Industry Development in Indonesia: Analysis and Challenges
Full text linkDevelopment of downstream on the mining industry has been encouraged by the government of Indonesia these past years. With the increasing demand for nickel ore, the government focused on implementing downstream in this sector. Establishing an export ban and domestic processing requirement on nickel ore caused the EU to challenge Indonesia before the DSB WTO. In its report to the Panel, it was concluded that Indonesia had violated the provisions of GATT 1994. While it is understandable that Indonesia has absolute sovereignty over its natural resources, it is also bounded to international organisations and regulations, for it has expressed its consent. This paper aims to examine the analysis by the Panel on what caused Indonesia to decide as the losing party and how Indonesia would implement the development downstream in the middle of its sovereignty and obligations on an international level. Through a juridical normative method, it is concluded that Indonesia had failed to comply with the provisions of GATT 1994 that obliged it. It does not mean it has no sovereignty towards its natural resources, for it has agreed to be bound by the provisions. In order to exercise downstream development, it is recommended that Indonesia create national policies or regulations related to adhering to the provisions of the WTO. A cautious approach to governing the downstream may prevent potentially damaging disputes
Protection of Performers’ Rights in Indonesian Copyright Law: Copyrighted Works Uploaded to YouTube
Full text linkThe Beijing Treaty allows performers to benefit from using audiovisual fixation for commercial purposes. This treaty is the first treaty specifically to protect against the head of the show. Indonesia has ratified the Beijing Treaty in order to give protection to the performers. There are provisions that performers can maintain moral rights until death (but not after death) and until the end of economic rights and refuse all forms of distortion, excision and modification that damage the reputation of performers. This article analyses the protection of the rights of performers whose works were uploaded without permission to YouTube under Indonesian Copyright Law 2014. This research is normative juridical research with a conceptual and statutory approach. The result is that the show performers’ performance rights under the Beijing Agreement have been adopted in the 2014 Indonesian Copyright Act, even though there are some differences in defining the fixation and scope of the show rights to the fixed performance terms. The 2014 Indonesian Copyright Law has indefinitely maximised the protection of performers' moral rights. Moreover, the Indonesian Copyright Law 2014 Act No. 28 states that the rights of performers cannot be eliminated or cannot be removed for any reason, including their economic rights, such as a right to carry out themselves, give permission, prohibit broadcast or communication the performance to other parties, come under by using online media. Therefore, when an illegal act such as uploading the performance of performers without permission violates Copyright Law, dan perpetrators can be sued
The Community Empowerment Policy to Lead A Clean and Healthy Life in Indonesia
Full text linkClean and Healthy Living Behavior (CHLB) is influenced by some factors such as knowledge, attitudes, economic status, and supports from health and social officers. Increasing the knowledge of CHLB in the household structure is very important. The regulation on Health Development Program concerns the guidelines for implementing healthy Indonesian programs with a family approach. Several obstacles involved the queue of patients, doctors, installation and emergency room, and working hours. This study aims to examine community empowerment policies for clean and healthy living behaviours, which are expected to be a solution to restrictions on several aspects of health facilities, increasing population and demands better service quality. The research method uses a socio-legal qualitative approach. Supporting Legal is collected. Field research is also conducted. In-depth interviews and FGDs carried out data collection. This study concludes that community empowerment is carried out using an educational approach involving community and religious leaders. Community empowerment aims to develop community knowledge and skills, use health facilities, and create health institutions that originate from the community. Critical awareness must be built by forming a Clean and Healthy Community Movement group to give the community a CHLB. Empowering people to live clean and healthy lives takes a long time and consistently. For this reason, there is a need for legal instruments that must be enforced strictly and with wisdom