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PERAN NEGARA DALAM MELINDUNGI HAK TENAGA KERJA INDONESIA DI MASA PANDEMI COVID-19
Full text linkIt is undeniable that the emergence of the Covid-19 pandemic is unavoidable and has an impact on all lines of life, including the economic sector, as a result, it not only has an impact on the decline in the level of the economy but also has an impact on termination of employment. This article aims to examine the policies taken by the State, in this case the Government and what the government should do in order to protect the rights of Indonesian workers duringithe Covid-19ipandemic. The researchimethod used isinormative juridical by reviewing the applicable laws and regulations. The results of the study indicate that in terms of protection of workers, steps or policies taken by the government are to issue several regulations as firm steps regarding legal protection efforts for workers and their implementation for workers. In addition to regulations and technical rules that are regulated for workersiduring the Covid-19ipandemic, the Government has also issued several policiesito cope withtthe impact of Covid-19, namely in the form of social policies that are expected to be felt directly for the workforce.
HARTA BERSAMA DAN PERJANJIAN PERKAWINAN DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 MENURUT PERSPEKTIF HUKUM ISLAM
Full text linkIndonesian Constitution Court Verdict Number 69/PUU-XIII/2015 legitimates the rule on matrimonial property stated in Marriage Law. Meanwhile, it extends the intepretation of Pre-nuptial Agreement at which it can be held pre-marriage and/or during marriage. This verdict appears legal issue on the shariah compliance. The research used legal method by applying statute and conceptual approach. The result of this research found that Indonesian Constitution Court Verdict on matrimonial property has contradiction to The Islamic Law at which Al-Quran rules property ownership principle separately. Besides, The Verdict allows pre-nuptial agreement made before and/or during marriage has no shariah compliance. Pre-nuptial agreement can be analogically similar with the condition agreed before marriage. It means that pre-nuptial agreement must be consented before the declaration of marriage
LEGAL PROTECTION OF NIKE TRADEMARK HOLDERS (STUDY IN KLITHIKAN MARKET OF YOGYAKARTA)
Full text linkLegal protection for Nike trademark holders in the Klithikan Pakuncen market in Yogyakarta is still not effective because there is no special regulation to protect Nike trademark holders. Law Number 20 of 2016 concerning Marks and Geographical Indications only concerns the protection of counterfeit goods. This research aims to determine the legal protection for the holder of the Nike trademark on counterfeit shoes in the Klithikan Pakuncen market in Yogyakarta. This study uses a type of combined legal research (normative-empirical) with a legal approach to examine the laws and regulations governing the legal protection of Nike trademark holders on counterfeit shoes circulating in the Klithikan Pakuncen Market, Yogyakarta. The study results concluded that legal protection for holders of counterfeit shoes at the Klithikan Pakuncen Market in Yogyakarta was not effective because the Ministry of Law and Human Rights and the Department of Industry and Commerce had not fully supervised, fostered, nor taken action. Brand infringement which is a complaint offense means that there is not yet complete extra supervision from brand owners to file complaints to parties such as the Ministry of Law and Human Rights and the Department of Industry and Commerce, which should enforce the law instead of doing it passively
Penyelundupan Narkotika Nontraditional Syndicated di Asia Tenggara dan Oceania
Full text linkThe era of globalization and increasingly sophisticated and rapidly developing technology supports the circulation of narcotics by means of smuggling easier to enter other countries, including Indonesia. The increasing factor of narcotics smuggling, especially from Southeast Asia and Oceania, is studied from social disorganization, and the steps taken by the Indonesian government in tackling and minimizing narcotics smuggling crimes that occur transnationally. By taking doctrinal research, where related to this research using a normative juridical legal research method will provide an overview of the object of research and help the author to make an analysis of the correct conclusions. Countries in Southeast Asia and Oceania that experience enormous impacts in addition to environmental conditions, dense population development economies encourage the rise of narcotics business associated with the theory of social disorganization, and supported by criminal organizations as non-traditional syndicates
PENERAPAN DUE PROCESS MODEL TERHADAP TERSANGKA PADA MASA PANDEMI COVID 19 DI POLRES CILEGON
Full text linkArticle 1 point 2 of the Criminal Procedure Code states that investigations must be carried out based on this law (KUHAP) wherein the Criminal Procedure Code regulates evidence in the form of statements not confessions, where evidence may not be subject to violence, both physical and psychological, for this reason an examination is required with using the Due Process Model. This study uses a qualitative method with a normative juridical approach. Operationally it was carried out by library research and field studies at the Cilegon Police Station. The results of this study are that the examination of suspects carried out by investigators at the Cilegon Police Precinct before the Covid-19 pandemic was carried out professionally using the Due Process Model inspection system. Likewise, the examination of suspects during the Covid-19 pandemic, where the application of responsive law in an examination in the context of fulfilling the suspect's rights so that his case is immediately examined with a guarantee of justice which is part of the legal service or legal services
Reconciling Conflicts of Human Rights Violations in Indonesia
Full text linkThe Indonesian nation has a dark history of humanity. The existence of humanitarian violations in the G30S/PKI incident and the humanitarian tragedy in the 1998 Trisakti incident are clear evidence of gross violations of Human Rights (HAM). These violations against humanity, to this day, have not found a clear spot. So, in this regard, reconciliation is needed by presenting the theory of collective memory from Maurice Halbwachs, how in this theory we can accept the past and learn to be present and react to it properly. The mistakes that occurred in the past are history, where our nation continues to learn to become a nation that can more maturely and openly appreciate existing human values, for the sake of life and development with humanity
TINJAUAN YURIDIS EKSEKUSI PEMBEBASAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM
Full text linkThis study aims to determine the legal basis of the land acquisition process and mechanism, as well as to find out the obstacles that occur in the mechanism of land acquisition for the public interest. In practice, that the need for land will in turn have an impact on various land use issues, land affairs are not only related to socio-economic aspects, but are also related to juridical issues. Because in an effort to use land, it is necessary to provide a guarantee of legal certainty. This research is important in order to be able to overcome the problems regarding land acquisition for public interest in Indonesia. This research method is normative juridical. The results of the study concluded that in carrying out land acquisition referring to Law no. 2 of 2012 concerning Land Procurement for Development in the Public Interest which consists of the planning, preparation, implementation and delivery of results. In addition, the details of the implementation and process are regulated in Presidential Regulation no. 148 of 2015 which updated Presidential Regulation No. 71 of 2012 concerning the Implementation of Land Procurement for Development in the Public Interest
Permohonan Isbat Nikah Bagi Poligami yang Tidak Dicatatkan
Full text linkThis research aims to examine the basic reasons for the judge's consideration of granting marriage isbat requests to unregistered polygamists. Is it appropriate for a judge to grant a request for isbat for a polygamous marriage that has not yet completed the administrative requirements. Types of normative legal research with a statutory approach. The results of the research show that the judge's consideration in the Religious Court Decision Number 161/PDT.G/2014/PA.TLG in granting the request for isbat marriage to polygamy was correct, but the judge ignored the administrative requirements that must be fulfilled by applicants for marriage isbat. In terms of procedures, there is no difference between polygamous marriage isbat and non-polygamous marriage isbat. However, the polygamy agreement has additional conditions. For this reason, Religious Court judges in their considerations must look at the fulfillment of these additional conditions as a basis for granting a request for marriage isbat for polygamy
Keabsahan Kontrak Bisnis Berbasis Contract Lifecycle Management Software
Full text linkThe development and adaptation of digitalization have exerted a significant influence various aspects of human life. In the realm of law, the impacts of digitalization can be observed through transformations contract formation. Contract Lifecycle Management Software emerged to facilitate the business contract processes for legal practitioners. However, by considering the various conveniences it offers, within its own sphere of application, such new technology can potentially give rise to legal issues. The legal research method in this research is normative juridical. The purpose of this research is conducted with the aim of examining the validity of utilizing Contract Lifecycle Management Software in simplifying the implementation of business contract processes in Indonesia, along with its concept of accountability for the potential occurrence of losses due to breach of contract. The research findings indicate that in its utilization, contracts formed through Contract Lifecycle Management Software can be deemed valid. However, it is necessary to draw the attention of the involved parties to continue adhering to the contract conditions stipulated within the applicable regulations. The responsibility for actions such as losses due to breach cannot be attributed to the technology itself, but rather directed towards its users due to arising errors or negligence.The development and adaptation of digitalization have exerted a significant influence various aspects of human life. In the realm of law, the impacts of digitalization can be observed through transformations contract formation. Contract Lifecycle Management Software emerged to facilitate the business contract processes for legal practitioners. However, by considering the various conveniences it offers, within its own sphere of application, such new technology can potentially give rise to legal issues. The legal research method in this research is normative juridical. The purpose of this research is conducted with the aim of examining the validity of utilizing Contract Lifecycle Management Software in simplifying the implementation of business contract processes in Indonesia, along with its concept of accountability for the potential occurrence of losses due to breach of contract. The research findings indicate that in its utilization, contracts formed through Contract Lifecycle Management Software can be deemed valid. However, it is necessary to draw the attention of the involved parties to continue adhering to the contract conditions stipulated within the applicable regulations. The responsibility for actions such as losses due to breach cannot be attributed to the technology itself, but rather directed towards its users due to arising errors or negligence
PROBLEMATIKA PENGATURAN PARIWISATA HALAL DI KABUPATEN PAMEKASAN-MADURA
Full text linkThe declaration of the development of halal tourism in Pamekasan still leaves problems. The burning case of a newly established tourist spot in Pamekasan indicates this phenomenon. The purpose of this study is to examine regulations regarding halal tourism in Pamekasan, which is known as the city of the Islamic community development movement (Gerbang Salam) and the problems that arise from the implementation of these regulations. This research is a sociolegal research, using primary data and secondary data. The data obtained were analyzed qualitatively. The results of the study show that in Pamekasan there is a Pamekasan Regency Regional Regulation Number 2 of 2019 as a regulation that regulates the implementation of entertainment and recreation so that it is in accordance with the customary, religious and cultural values of the community. The problem that arises is that there are still differences in perceptions between entertainment managers and the local community, supervisory institutions are not firm in taking action against violations of entertainment and recreation businesses that violate local regulations, giving rise to vigilante actions by the surrounding community