JURNAL ILMIAH ADVOKASI最新文献

LEGAL PROTECTION OF OUTSOURCING WORKERS FROM TERMINATION OF EMPLOYMENT UNDER LAW NUMBER 6 OF 2023 2023 年第 6 号法律对外包工人终止雇用的法律保护

JURNAL ILMIAH ADVOKASI Pub Date : 2023-11-22 DOI: 10.36987/jiad.v11i2.4029

Rr. Winarti Pudji Lestari, Muhamad Abas

{"title":"LEGAL PROTECTION OF OUTSOURCING WORKERS FROM TERMINATION OF EMPLOYMENT UNDER LAW NUMBER 6 OF 2023","authors":"Rr. Winarti Pudji Lestari, Muhamad Abas","doi":"10.36987/jiad.v11i2.4029","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.4029","url":null,"abstract":"In the increasingly fierce business competition, the outsourcing system is felt to be more effective for the company. On the other hand, the outsourcing system opens opportunities for employers to carry out Termination of Employment (PHK) actions easily. In the outsourcing system, there are weaknesses, there is no guarantee of continuity of work for workers. Law Number 6 of 2023 of Job Creation has regulated legal protection for outsourcing workers against arbitrary actions by employers in carrying out layoffs, through the principle of Transfer of Undertakings Protection of Employment (TUPE). But in practice, the TUPE principle is still not running effectively. The purpose of this research is to find out and understand the principles of the employment relationship between outsourced workers and employers so that unfair layoffs do not occur and legal protection for outsourced workers from employers' arbitrariness in implementing layoffs. This study uses a normative juridical approach. It is necessary to develop regulations regarding outsourcing in which legal protection for workers is further enhanced, determine sanctions and law enforcement for those who commit violations, and carry out more intensive supervision of the implementation of outsourcing.Â Keywords: Legal protection, outsourcing, continuity of work","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139248951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

GOVERNMENT LEGAL RESPONSIBILITY FOR PAYMENT OF COMPENSATION COSTS FOR THE BUNTU KUNIK BERKENDEK TANA TORAJA AIRPORT CONSTRUCTION PROJECT 政府支付 Buntu Kunik Berkendek Tana Toraja 机场建设项目赔偿费用的法律责任

JURNAL ILMIAH ADVOKASI Pub Date : 2023-11-06 DOI: 10.36987/jiad.v11i2.3842

Andrito Palipadang, Marwati Riza, M. I. Arisaputra

引用次数: 0

SELECTIVE IMMIGRATION POLICY IN MAINTAINING STATE SECURITY AND IMPROVING THE WELFARE OF THE NATION 选择性移民政策在维护国家安全和改善国民福利方面的作用

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-29 DOI: 10.36987/jiad.v11i2.5093

Firman Gunawan, Kevin Pramudya, M. R. A. Hermawan

引用次数: 0

INFRINGEMENT OF FAMOUS BRAND RIGHTS IN E-COMMERCE ON TOKOPEDIA tokopedia 上的电子商务中侵犯驰名商标权的行为

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-24 DOI: 10.36987/jiad.v11i2.4202

Verlia Kristiani, Elfrida Ratnawati Gultom

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THE JUDGE'S CONSIDERATIONS IN IMPROVING SENTENCE AGAINST THE DEFENDANT WHO COMMITTED A CRIME OF CORRUPTION IN THE VILLAGE BRAJA GEMILANG, EAST LAMPUNG DISTRICT (STUDY DECISION NUMBER 14/PID.SUS TPK/2022/PN TJK) 法官在改善对在东兰榜县 Braja gemilang 村犯下腐败罪的被告的判决时所考虑的因素（第 14/pid.sus tpk/2022/pn tjk 号研究决定）

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-18 DOI: 10.36987/jiad.v11i2.3560

Nyimas Maharani Putri Pertiwi, M. Muhtadi, HS Tisnanta

引用次数: 0

LAW ENFORCEMENT AGAINST CHILDREN AS VICTIMS OF SAME-SEX SEXUAL CRIMES IN PROGRESSIVE LEGAL PERSPECTIVE 从进步的法律角度看针对作为同性性犯罪受害者的儿童的执法问题

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-17 DOI: 10.36987/jiad.v11i2.3557

Evy Nurinayah, I. Wayan, Wahyu Anandita, Nyimas Maharani, Putri Pertiwi, Berliana Hajariah Maryanti

{"title":"LAW ENFORCEMENT AGAINST CHILDREN AS VICTIMS OF SAME-SEX SEXUAL CRIMES IN PROGRESSIVE LEGAL PERSPECTIVE","authors":"Evy Nurinayah, I. Wayan, Wahyu Anandita, Nyimas Maharani, Putri Pertiwi, Berliana Hajariah Maryanti","doi":"10.36987/jiad.v11i2.3557","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.3557","url":null,"abstract":"The image of children who have been placed as sexual objects has far-reaching implications for children's lives, so that they are forced to always face physical and psychological violence, coercion and torture. Crimes against children need serious attention considering that the consequences of sexual violence against children will cause children to experience prolonged trauma. Trauma can be dangerous for a child's mental development so that the child will not grow and develop naturally. A further consequence of this trauma is that it also hampers the process of forming a healthy nation. Malsyalaln in Malsyalralkalt Malsih often alnalk has become a victim of keltaln, both physical and mental keralaln. In the case of protection against alcohol from sexual violence, a reformation of law enforcement is needed, which in the science of victimology is more oriented towards the victim, namely alcohol. Dihalralpkaln aldalnyal upalyal-upalyal prevention in the death of sexual halaln aldaln alnalk by carrying out synergitals alntalral kelualrgal, malsyalralkalt in Negalral. Then the law enforcement in Indonesia should be more about the interests of the victims which are not balanced with the interests of the perpetrators of criminal acts in the criminal justice system which is in the Criminal Code. For this reason, a change is needed to accommodate the victims' interests in aspects of victimology and to be accommodated within the principles of legal regulation.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

IMPACT OF HOUSEHOLD WASTE DISPOSAL (Case study of Rawa Mas Indah Housing) 家庭垃圾处理的影响（Rawa Mas Indah 住房案例研究）

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-11 DOI: 10.36987/jiad.v11i2.3359

Magly Suphyan, T. Ansari

引用次数: 0

Liability of the Directors Cause Not Implementing the Principle of Prudence in Distributing Mudharabah 董事因在分配穆德哈尔巴赫资金时未执行谨慎原则而应承担的责任

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-07 DOI: 10.36987/jiad.v11i2.5042

Rajaingat Saragih, Rony Andre Christian Naldo

{"title":"Liability of the Directors Cause Not Implementing the Principle of Prudence in Distributing Mudharabah","authors":"Rajaingat Saragih, Rony Andre Christian Naldo","doi":"10.36987/jiad.v11i2.5042","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.5042","url":null,"abstract":"Directors is the organ that represents the sharia bank in carrying out sharia banking business activities, one of which is the distribution of mudharabah financing. Before distributing mudharabah financing to prospective customers who receive the facility, in accordance with the provisions of Article 2 and Article 29 verse (2) of Law Number 10 of 1998 jo. Article 2 and Article 35 verse (1) of Law Number 21 of 2008, Directors representing sharia banks, are obliged to apply the principle of prudence.This research discusses the obligation of Directors representing sharia bank to apply the principle of prudence before distributing mudharabah financing to prospective customers who receive the facility. In this regard, this research is focused on examining the liability of Directors cause not implementing the principle of prudence in distributing mudharabah financing to customers who receive facilities, which resulted in a decline in the health level of sharia bank.This research is prescriptive, using normative juridical methods, with using a statutory approach, and a conceptual approach. The type of data used is secondary data.The results of this research conclude that the liability of Directors for failure to apply the principle of prudence in distributing mudharabah financing to customers who receive facilities which results in a decline in the health level of sharia bank is that sanctions can be applied to Directors in the realm of Civil Law, the application of which does not reduce the application of sanctions in the realm of Penal Law.Key Words: Liability, Director, Prudence","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139322074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE IMPLEMENTATION OF THE ZERO BURNING POLICY CONCEPT IN THE AGREEMENT OF TRANSBOUNDARY HAZE POLLUTION IN LAWS AND REGULATIONS IN INDONESIA IS ASSOCIATED WITH A RESTORATIVE APPROACH IN EFFORTS TO RECOVER THE ECONOMY 在印度尼西亚的法律法规中落实跨境烟霾污染协议中的零燃烧政策概念与努力恢复经济的恢复性方法相关联

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-06 DOI: 10.36987/jiad.v11i2.3357

Irfan Hanafi, T. Ansari

引用次数: 0

LEGAL PROTECTION OF HEALTH PERSONNEL PERFORMING DUTIES DURING THE COVID-19 PANDEMIC 对在科维德-19 大流行期间履行职责的医务人员的法律保护

JURNAL ILMIAH ADVOKASI Pub Date : 2023-10-03 DOI: 10.36987/jiad.v11i2.4421

Adelia Nur Asshilah, Zainudin Hasan

{"title":"LEGAL PROTECTION OF HEALTH PERSONNEL PERFORMING DUTIES DURING THE COVID-19 PANDEMIC","authors":"Adelia Nur Asshilah, Zainudin Hasan","doi":"10.36987/jiad.v11i2.4421","DOIUrl":"https://doi.org/10.36987/jiad.v11i2.4421","url":null,"abstract":"During this Covid-19 pandemic, many problems have been found that have been faced by health workers in carrying out health service tasks that have the potential to not guarantee legal certainty. The purpose of this study was to determine the factors causing criminal acts by health workers during the Covid-19 pandemic. The research method used is a normative juridical approach by collecting data from literature studies. Based on the research that has been done, it is found that health workers may experience crime from the community, which occurs due to several factors. Pancasila has an ideology and philosophical basis so the principle of legal protection for the Indonesian people is the principle of recognition and protection of human dignity based on Pancasila and the principle of the rule of law based on Pancasila. In other words, the concept of legal protection is an illustration of the function of law, namely the concept that the law provides justice, order, certainty, benefit, and peace. Legal protection for health workers during the COVID-19 pandemic consists of preventive protection efforts and repressive protection efforts. Preventive Protection which is defined as prevention, in other words, is the freedom to act because of the content contained in the legislation to prevent a violation. Repressive Protection serves to solve problems. This protection is in the form of sanctions for violations committed.Keywords: Health Workers, Crime Factors","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139323838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0