2016年关于劳资关系中残疾人的第8号法律的法律确定性

Q4 Social Sciences

Journal of Social Research and Policy Pub Date : 2023-09-04 DOI:10.55324/josr.v2i10.1401

Mohamad Adya Laksmana Sudradjat, Faisal Santiago

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引用次数: 0

摘要

《残疾人法》第1条第1点解释说，残疾人是任何在与环境互动方面长期受到身体、智力、精神和/或感官限制的人，在与其他公民平等权利的基础上充分和有效参与方面可能遇到障碍和困难。基于上述描述，问题是2016年关于劳资关系中残疾人的第8号法律的法律确定性如何?本文采用了规范法学和实证法学两种研究方法。根据对人力资本PT. Semen印度尼西亚集团董事Agung先生的采访结果，2016年第8号法律关于劳资关系中残疾人的法律确定性，可以得出结论，残疾员工与公司之间从未发生过劳资关系纠纷，迄今为止，公司从未发生过裁员。这是2016年关于残疾人的第8号法律的法律确定性，该法律要求授权和权威各方努力在立法中规范法律，以便这些规则具有司法方面的确定性，可以保证法律作为必须遵守的规则发挥作用。

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Legal Certainty in Law Number 8 of 2016 Concerning Persons with Disabilities in Industrial Relations

Article 1 point 1 of the Law on Persons with Disabilities explains that Persons with Disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations for a long time in interacting with the environment may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. Based on the description above, the problem is how is the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities in Industrial Relations? The research method used is normative juridical and empirical juridical. Legal certainty in Law Number 8 of 2016 concerning Persons with Disabilities in industrial relations based on the results of an interview with Mr. Agung as Director of Human Capital PT. Semen Indonesia Group, it can be concluded that there has never been an industrial relations dispute between employees with disabilities and the Company, and to date, there has never been a layoff from the Company. This is by the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities which requires efforts to regulate law in legislation made by authorized and authoritative parties so that these rules have a juridical aspect that can guarantee certainty that the law functions as a rule that must be obeyed.

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来源期刊

Journal of Social Research and Policy Social Sciences-Sociology and Political Science

CiteScore

0.30

自引率

0.00%

发文量

审稿时长

8 weeks

期刊介绍： Welfare states have made well-being one of the main focuses of public policies. Social policies entail, however, complicated, and sometimes almost insurmountable, issues of prioritization, measurement, problem evaluation or strategic and technical decision making concerning aim-setting or finding the most adequate means to ends. Given the pressures to effectiveness it is no wonder that the last several decades have witnessed the imposition of research-based social policies as standard as well as the development of policy-oriented research methodologies. Legitimate social policies are, in this context, more and more dependent on the accurate use of diagnostic methods, of sophisticated program evaluation approaches, of benchmarking and so on. Inspired by this acute interest, our journal aims to host primarily articles based on policy research and methodological approaches of policy topics. Our journal is open to sociologically informed contributions from anthropologists, psychologists, statisticians, economists, historians and political scientists. General theoretical papers are also welcomed if do not deviate from the interests stated above. The editors also welcome reviews of books that are relevant to the topics covered in the journal.