JURNAL CITA HUKUM
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Legal Policy on the National Education System In Influencing Worker Productivity in Indonesia
Get PDFHuman resource investment significantly impacts the economic growth and development of a nation, including Indonesia. It is believed that education expenditures affect worker productivity in Indonesia. Theoretically, education expenditures will contribute to an improvement in worker productivity. Several factors, including a comparison of the competitiveness of domestic workers to the competitiveness of international workers, can be used to determine the effect of education investment on the rise in worker productivity. Empirically, productivity is a function of worker skills. The quantity of a worker\u27s salary might be used to gauge their competitiveness and productivity. At the national level, it is simple to identify the productivity of various economic sectors, such as agriculture, services, and manufacturing. Due to the lack of trained people required by the labour market, conditions in Indonesia have prevented the three sectors mentioned above from achieving their full potential for productivity growth. This condition directly manifests some concerns, notably Indonesia\u27s investment in education and worker productivity, which impacts economic growth. This study employs qualitative research methodologies of the normative research type. This study\u27s research objectives will be satisfied by the study model. This study will answer how education investment affects worker productivity in Indonesia. The study\u27s findings indicate that it is not accurate to assert that the education policy in Indonesia has a good effect on enhancing workers\u27 abilities. Therefore, the issue of worker productivity must still be handled seriously to compete with workers from other nations
The Influence of International and Islamic Law on Labor Laws in Indonesia and Morocco
Get PDFWork agreements between workers and employers form the basis for determining rights and obligations. Employment agreements are influenced by the laws governing a country and its historical experience. This study aims to analyze the influence of international and Islamic law on labor law in two countries, both Indonesia and Morocco. The research method used is a qualitative research method with a comparative approach. The results of the study stated that by comparing the provisions of work agreements from three sources of law, namely Indonesian, Moroccan, and Islamic law, it was found that international law had an effect on national law. Islamic law has little effect on work agreements. The influence of Islamic law is found more in Moroccan regulations than in Indonesian regulations. Several different concepts regulated in the source of law include the concept of work agreements, restrictions on the age of children who can enter into work relationships, the object or work employed, and the designation of work areas. This research has implications for the openness of international work transactions or the acceptance of foreign workers due to the same arrangement although with certain restrictions according to a country\u27s policy
Digital Account as a Heritage of Law In Indonesia
Get PDFThis study aims to analyze digital accounts, which have now become an inseparable part of life in the modern world, so that their existence is undoubtedly a necessity for society in general, both for primary, secondary and entertainment purposes as well as career and business support in the digital world, etc. This research is qualitative in the field of law, with a normative juridical approach. The findings in the study, namely a review of legal progress toward digital accounts, show that the existence of digital versions can answer the material status of digital accounts, which indicates the needs and demands of the community are part of progressive law on social causes in the community. Based on the legal provisions, digital accounts can be categorized into Inheritance, as inheritance items that will be divided among the heirs, but this does not apply to all accounts; there are several criteria for accounts that can become Inheritance, which means that digital accounts should now be included in the legacy, this also shows that progressive law flows, flexible and can realize the benefit of society
Динамика религиозного экстремизма в России в богословских, правовых и психологических подходах к социальной и личностной; Dynamics of Religious Extremism In Russia In Theological, Legal and Psychological Approaches to Social and Personal
Get PDFAfter the collapse of the Soviet Union in the post-Soviet era, a spiritual vacuum was formed in the conditions of deterioration of the political and economic situation. In the North Caucasus region, during the formation of the Russian state, it was quickly filled with religion: Wahhabism emerged, spread and increasingly declared itself religious extremism. Several terrorist attacks have occurred not only in the North Caucasus, but also in several Russian cities. This article describes the dynamics of religious extremism in Russia from the point of view of the theological, legal and psychological approach to social and personal. With regard to the soft approach, Russia can implement programs of deradicalization and counter-radicalization. In this regard, Russia may create a National Agency for Combating Terrorism and launch a deradicalization project and create a Deradicalization Center for convicted terrorists. Efforts to prevent the development of religious extremism in Russia are being undertaken not only with a legal approach, but also with a theological approach, since it is connected with Islamic concepts
Liability of Insurance Companies for Unfair Terms in Iranian Law
Get PDFInsurance has developed into a vast industry, so insurance companies seek to maximize profit. Therefore, they tend to formulate the insurance contracts in such a way that infringes on the insured\u27s rights. They strive to secure additional privileges and profit by incorporating unfair terms in insurance contracts. Lawyers suggest that the solution to preventing the inclusion of such words and ensuring fair treatment of the insured lies in the insurers\u27 pre-contractual duties, such as their obligation not to include such unfair terms. Based on the fairness principle in Iranian law, one can articulate this obligation for both parties in all contracts. In conclusion, in insurance contracts, the general contract terms obligate the insurer to accept payment from a third party. If paying the insurance premium takes place with the permission of the insured, the third party can return to the insured for the paid amount. However, if the third party performs the payment without the insured\u27s permission (the primary debtor), it is gratis, and the third party retains the right to return to the insured
Administrative, Financial, Criminal-Legal and Theoretical-Methodological Aspects of Regulating Social Relations
Get PDFThe purpose of the research is determined as theoretical, administrative, and civil law aspects of the regulation of social relations are defined. Main content. The article defines the means of social regulation, which include legal, moral, corporate, customs, etc. It has been proved that legal regulation of social relations is defined by the author as a purposeful action on people’s behavior and social relations with the help of legal (juridical) means. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It has been proved that since legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. The following aspects of social relations have been resolved: level of economic development of the society; social structure of the community; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation etc
Environmental Protection Funds As A Component Of National Financial And Environmental Security: Administrative And Legal Regulation
Get PDFThe purpose of the research. The scientific article is devoted to the coverage of the environmental protection funds as a component of national financial and environmental security. Main content. It is substantiated that achieving the effectiveness of regulatory policy in the field of environmental protection requires the state to intensify the forms of its implementation, one of which is the activities of extra-budgetary trust funds. During the analysis of economic and sectoral extra-budgetary funds, the unification of legal regulation of the procedure for allocating funds provided to environmental funds was identified as a necessary measure, which will allow detailed regulation of such rules and establish a mechanism for liability for violations. Methodology: Consideration of materials and methods based on the analysis of documentary materials for the environmental protection funds as a component of national financial and environmental security. Conclusions. The expediency of systematizing the legislation regulating extra-budgetary funds is argued for the purpose of further elaboration and adoption of the Law of Ukraine “On Public Funds”.Keywords: administrative service, environmental tax, government service, municipal service, electronic service, public service
Existence of customary law in Indonesian criminal law
Get PDFCurrently, the scope and regulation of the criminal law system which only recognizes written law is deemed unable to accommodate the various legal needs of indigenous peoples who are still alive today. This is due to the principle of legality of criminal acts which is oriented towards individual-liberalism, not the plurality of society. Therefore, recognizing acts that violate customary law within the framework of the national legal system is considered appropriate in meeting the legal plurality needs of indigenous communities. The rigidity and arrogance of the current legalistic view of criminal law is no longer able to respond to plurality and a sense of justice, especially for customary law communities, because the reality of indigenous people\u27s lives shows that there are countless customary law provisions outside of the law, which continue to live and are obeyed in every vein. community group members. The research method used in this study is a normative legal research method with a socio legal research approach. The socio-legal approach is intended as an approach in legal research that is focused on studying legal phenomena from the perspective of social sciences. The research results state that the position of traditional justice institutions is actually in a state of existence and absence, on the one hand it is not recognized by the Indonesian positive legal system but there are practices of these traditional justice institutions. However, cases decided based on customary law can still be found in a very limited number of cases
The Law Enforcement of Illegal Fishing in the Perspective of UNCLOS 1982: The Case of Illegal Fishing in the North Natuna Sea
Get PDFThe potential for illegal fishing in Indonesia\u27s marine areas is tremendous, especially in the exclusive economic zone of Indonesia, mainly in the North Natuna marine area. Following the rampant illegal fishing activities, policies on preventing and eradicating illegal fishing in the Republic of Indonesia are constantly debated both in theory and implementation. Illegal fishing activities are not only a problem for Indonesia but also a cross-border problem because the perpetrators come from across countries. Therefore, the handling of this problem must be cross-border, and the implementation of international law is necessary. By using normative legal research, the paper analyzed the law enforcement of illegal fishing by referring to UNCLOS as the basis of international maritime law to obtain legal certainty in illegal fishing in the Indonesian exclusive economic zone (EEZ), especially in the North Natuna Sea area. According to Article 73 paragraph (1) UNCLOS 1982, Indonesia can take action against illegal fishing perpetrators by using its own legal regulations because illegal fishing can interfere with the management rights of Indonesia\u27s marine natural resources
The Legal Aspects of Privatization in Electricity Business Sector
Get PDFPrivatization is a crucial issue for third-world countries such as Indonesia. In the electricity sector, which is the lifeblood of the community, the involvement of the private sector is a crucial concern. Two judicial reviews of the electricity law in 2003 and 2015 proved the significant issue of privatization in electricity. This study analyzes how the state regulates the privatization policy of the electricity sector in Indonesia. This study, a normative or doctrinal legal research model, explores electricity regulations and doctrines such as Laws Number 20 of 2002 and Number 30 of 2009, Law Number 11 of 2020 on Job Creation, and two decisions of the Constitutional Court number 001-021-022/PUU-I/2003 and 111/PUU-XIII/2015. In conclusion, this study explains that Indonesia allows the privatization of the electricity sector throughout the role of private companies is still under state control. Privatization, which is a reduction in the role of the state and an increase in the role of the private sector, has been well implemented by state-owned enterprises, including the electricity sector. Both decisions of the Constitutional Court emphasize the strong role of the state and become the majority in controlling the electricity business, but do not reject the role of the private sector. Furthermore, state-owned enterprises have a top priority as a provider of electricity for the community