TINJAUAN YURIDIS TERHADAP HAK PEKERJA LEPAS DI PIZZA HUT S. PARMAN SAMARINDA DALAM PERSPEKTIF HUKUM POSITIF

ABSTRACTPolicies in the field of manpower in the national development program are always endeavored to create as many job opportunities as possible in various fields. The working relationship between workers and employers themselves must be based on an agreement so that the rights and obligations of each party can be guaranteed. At this time many companies use freelance workers to support the company's business. The problem in this study is the implementation of the agreement and protection of the rights of freelancers using a work agreement for a certain time, in which workers' rights are limited, there is no balance between the rights and obligations of freelancers according to Law Number 13 of 2003 concerning Manpower. The research objective is to analyze the rights of freelance workers in Indonesian positive law. This type of research is normative juridical which is library research and uses a statutory and conceptual approach. Through literature study researchers collect documents and data to be processed using content analysis methods. The results of the study concluded that the impact of intense business competition stemming from global economic developments made companies change their business management structure by reducing management control, one of which was by implementing the practice of using freelance workers for companies to reduce production costs. With the management of the use of freelance workers that has been going on, it does not guarantee the labor rights they should get, especially in terms of remuneration carried out by certain companies. Legal protection for casual workers in Indonesia is regulated in Law Number 13 of 2003 concerning Manpower. One of the reasons for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in effect so far place workers in a disadvantageous position in the workforce placement service and industrial relations system which highlight differences in position and interests so that they are seen as having no longer in accordance with the needs of the present and the demands of the future. As well as obtaining the right to obtain equal opportunities and treatment without discrimination. Keywords: Freelance Workforc, Law Enforcement, Legal Protection, Positive Law

PERANAN LEMBAGA BANTUAN HUKUM JARINGAN ADVOKASI MASYARAKAT BORNEO DALAM MEMBERIKAN BANTUAN HUKUM BAGI MASYARAKAT TIDAK MAMPU

ABSTRAKSkripsi ini membahas tentang Pemberian Bantuan Hukum Terhadap Masyarakat Tidak Mampu Yang Dilakukan Oleh Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo. Pokok permasalahannya adalah bagaimana peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakaat yang tidak mampu, bagaimana kendala yang dihadapi Lembaga Bantuan Hukum terhadap masyarakat yang tidak mampu Jenis penelitian yang digunakan penulis adalah kualitatif kemudian dipaparkan secara deskriptif dengan menggunakan pendekatan penelitian yuridis sosiologis artinya suatu penelitian yang dilakukan terhadap keadaan nyata masyarakat atau lingkungan masyarakat dengan maksud dan tujuan menemukan fakta yang kemudian menuju pada identifikasi dan pada akhirnya menuju kepada penyelesaian permasalahan. Hasil penelitian menunjukkan bahwa Peran Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu dengan memberikan bantuan kepada para pencari keadilan bagi masyarakat dalam bentuk Litigasi dan Non Litigasi. Litigasi dalam lingkup pengadilan serta, non litigasi dalam lingkup non pengadilan tanpa biaya atau Prodeo. Kendala yang dihadapi Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo dalam pemberian bantuan hukum terhadap masyarakat yang tidak mampu yaitu; minimnya pengetahuan tentang eksistensi dan peranan Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, anggapan masyarakat bahwa Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo berbayar, terbatasnya sumber daya manusia di Lembaga Bantuan Hukum Jaringan Advokasi Masyarakat Borneo, kurangnya dukungan pemerintah, Lembaga Bantuan Hukum  Jaringan Advokasi Masyarakat Borneo belum terakreditasi sehingga belum mendapatkan bantuan dana dari pemerintah sehingga dana yang digunakan menjadi dana pribadi.Kata kunci : LBH JAMB,masyarakat kurang mampu,Inplementasi

PENGUPAHAN DIBAWAH UPAH MINIMUM BAGI USAHA MIKRO KECIL DAN MENENGAH (UMKM) MENURUT PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 TENTANG PENGUPAHAN

   The results of the study show that legally it is emphasized that employers/companies are prohibited from paying wages lower than the minimum wage, but there are exceptions to the minimum wage provisions, the exception to the minimum wage only applies to micro businesses and small businesses, not to medium enterprises. Micro and small businesses in question must meet the criteria set by law, with the condition that the wage value must be above 50% of the average consumption rate at the provincial level and above 25% of the poverty line at the provincial level. For entrepreneurs/enterprises (excluding micro and small businesses) and workers/laborers who have entered into work agreements/agreements, in particular, the value of the wages stipulated in the agreement is lower than the stipulated minimum wage. Then the agreement is null and void by law and wage arrangements must be carried out under statutory regulations.  Wages are an absolute right for workers that must be met by employers. One of the wage problems that exist in Indonesia is related to the minimum wage, namely that there are still many workers/laborers who earn wages below the minimum wage provisions, including workers in the Micro, Small, and Medium Enterprises (MSMEs) sector, there are still many entrepreneurs in the MSME sector who base their the wage standard for workers is based on the financial capacity of the business, excluding the provisions of the minimum wage scale.The type of research used in this paper is a type of normative legal research or library law research with a statutory regulation approach.   Abstrac

PENERAPAN SANKSI PIDANA TERHADAP PENAMBANG BATU BARA ILEGAL MENURUT PERATURAN DAERAH NOMOR 12 TAHUN 2013 TENTANG PERTAMBANGAN MINERAL DAN BATU BARA DI WILAYAH KOTA SAMARINDA

ABSTRACT Illegal mining is a mining business carried out by individuals, groups of people, or foundation companies with legal entities which in their operations do not have permits and government agencies in accordance with applicable laws and regulations. One area that has the potential for rock mining is Samarinda City, with the abundance of rock mining potential in Samarinda City attracting investors to invest in Samarinda City. However, there are also parties who carry out rock mining without fulfilling the procedures set by the government with various factors, such mining is called illegal mining. This writing uses the legal basis of Regional Regulation No. 12 of 2013 concerning minerals and coal and this research uses a normative method. Data sources consist of secondary data consisting of books, journals, laws and regulations related to research problems, data collection techniques are carried out by conducting document studies which are information data, scientific writings. This study uses the problem formulation: How is the application of illegal mining sanctions to the Samarinda City Regional Regulation Number 12 of 2013 concerning mineral and coal mining within the Samarinda City area and what are the government's efforts in dealing with illegal mineral and coal mining within the Samarinda City area which resulted in this research. may be imposed on the perpetrators of illegal coal mining in accordance with Article 90 of Regional Regulation Number 12 of 2013 concerning Coal Mineral Mining in the City of Samarinda, namely those who violate the provisions of the mineral and coal mining management permit as regulated in this regional regulation shall be punished with imprisonment for a maximum of 10 (ten) year and a fine of Rp. 10,000,000,000, - (ten billion rupiah). The Regional Government of Samarinda City through law enforcement officials and related agencies needs to be more serious and firm in terms of law enforcement against all legal coal mining activities in Samarinda City, If illegal coal mining activities continue to be carried out without proper supervision and management, it will cause severe pollution and environmental damage, of course this will result in losses to the people of Samarinda City. Keywords: Illegal Mining, Crimina

ANALISIS PERIZINAN PERKEBUNAN KELAPA SAWIT PT. EQUALINDO MAKMUR ALAM SEJAHTERA

ABSTRACTION During this Covid-19 pandemic, the Oil palm plantations are one of the mainstays of a superior community in order to support the development of the Indonesian national economy by opening up wide-open job opportunities. Indonesia has various wealth products that can improve the welfare of the people in order to increase regional income. In line with Law Number 32 of 2009 concerning Environmental Protection and Management, it is explained that “every business and or activity that has an important impact on the environment must have an Amdal. the formulation of the problem in this study How to analyze the environmental impact on oil palm plantations of PT. Equalindo Makmur Alam Sejahtera and what are the legal consequences for the environmental impact of PT. Equalindo Makmur Alam Sejahtera.This type of research is a type of empirical legal research, empirical legal research is oriented to primary data (research results in the field). The qualitative approach is carried out by conducting direct research in the field, namely by describing the special treatment of the Environmental Impact Analysis of oil palm plantations at PT. Equalindo Makmur Alam Sejahtera, as well as conducting interviews with several respondents who were deemed able to provide information.The result of this research and discussion is that PT. Equalindo Makmur Alam Sejahtera has conducted socialization regarding the company's AMDAL. In the event that it is not certain whether PT. Equalindo Makmur Alam Sejahtera has or not an AMDAL or Environmental Permit related to the oil palm plantation business being carried out. And the result of the environmental impact is the company's administrative sanctions in the form of termination of business licenses. Keywords: Environmental Impact Analysis, Legal Consequences, Oil Palm Plantatio

KEDUDUKAN ANAK ANGKAT DALAM PEMBAGIAN WARIS MENURUT HUKUM POSITIF (PENGADILAN AGAMA TENGGARONG)

ABSTRACT An appointment is an important event that occurs in human life. This event has a legal impact on the prospective adoptive parents, adopted children, and their families. Therefore it must be decided through mature thinking by considering all legal consequences and consequences that will arise from the decision to appoint the child.This study is empirical normative law research that is a form of research based on or sourced from literature such as books, documents, legislation, and scientific works related to the title and main problems in this writing. The research procedures used are Library Studies, Field Studies, and Data Processing. Then analyzed qualitatively by describing and describing the data and facts produced from a study in the field with an interpretation, evaluation, and general knowledge to draw conclusions that are specific to submit suggestions, as well as processed data.From the results of research that has been done and analyzed the position of adopted children in the distribution of inheritance according to positive law is permitted to receive part of the inheritance of their adoptive parents through a will grant or obligatory will. The solution to the distribution of inheritance to adopted children according to positive law with a will is obligatory with provisions not exceeding 1/3 of inheritance, but in reality, this 1/3 part is too large, so in reality adopted children or adoptive parents only get part 1 / 10 to 1/8, because part 1/3 exceeds the share of experts who have a closer or more rightful relationship, such as a wife who only obtains 1/4 of inheritance if she does not have children and a mother who only gets 1 / 6 of inheritance.  Keywords: adopted children, inheritance, and grant

FAKTOR PENYEBAB TERJADINYA PERCERAIAN PADA MASA PANDEMI COVID-19 DI PENGADILAN AGAMA SAMARINDA

ABSTRACTThis thesis aims to explain the factors that cause divorce cases which have increased due to the Large-Scale Social Restriction (PSBB) policy, as a result of the COVID-19 pandemic that is currently engulfing Indonesia. The government's policy regarding Large- Scale Social Restrictions (PSBB) during the COVID-19 pandemic which aims to maintain family health has turned out to be the cause of an increase in divorce cases. This occurs as a result of the economic impact of this Large-Scale Social Restriction (PSBB) policy. Not a few business actors, both micro and macro, suffered huge losses. As a result, breadwinners have lost their jobs and have no income during the COVID-19 pandemic, and have difficulty getting side jobs or new jobs.This research uses normative- empirical research (applied law research) by using interview study data collection techniques and library research by conducting an assessment of the laws and regulations, books, and scientific journals related to the title of this thesis.The results showed that the reason for the increase in divorce that occurred at the Samarinda City Religious Court was motivated by economic factors, continuous disputes, domestic violence, infidelity, and husbands not working, leaving, not caring and irresponsible. Keywords: Divorce Factor, Large-Scale Social Restriction (PSBB), Covid-1

TINJAUAN YURIDIS TERHADAP ANAK BEDA AGAMA BERDASARKAN HUKUM ISLAM

ABSTRACTWith its diversity of culture, race, customs, and religions, Indonesia is faced with a variety of legal perspective issues, in this case, related to controlling the change of belief and inheritance. These view differences often create legal problems, especially when it comes to inheritance. In Islamic law, it is defined that the right of children with a different religion to claim their parents' assets after they die will be obstructed (hijab). This Islamic inheritance law is different from the Indonesian civil law. Therefore, it is interesting to examine the inheritance law according to Islamic law in Indonesia. This study employs a normative method that analyses data from both primary and secondary legal materials. This study aims to determinehow Islamic law applies to the juridical evaluation of children with different religions. This examination is crucial because children are the descendants and the successors of theirparents. However, at a time when religious differences complicate their inheritance right, it will become a serious issue. In Islamic law, it does not necessarily mean that children will lose their right to a legal review or their inheritance right. It has been explained in The Quran and Shahih Bukhari that children with different religions due to conversion are highly praised. It is also stated that children will inherit their parents' assets through a method of “gift” or giving someone a present while they are still alive.

PERLINDUNGAN HUKUM HAK CIPTA VIDEO DI MEDIA SOSIAL (YOUTUBE) DITAYANGKAN STASIUN TELEVISI TANPA IZIN PENCIPTA BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

ABSTRACTVideo is a copyrighted work protected by Law Number 28 of 2014 concerning Copyright. In practice, there are still frequent violations of video copyright works which are the property of a creator, one of the violations that have occurred is when the video is uploaded to the internet site, namely Youtube and the video is shown on television without the permission of the video creator. The problems that arise now are how responsible television stations are to Youtube for videos that are broadcast on television, how legal protection is based on Law Number 28 of 2014 concerning Copyright for creators of videos uploaded on Youtube that are broadcast by television without the author's permission. This research uses normative legal research methods, namely according to the provisions of the law and the provisions of the prevailing laws and regulations. From the results of this research that the Youtube site has provided terms and conditions for video uploaders, and with these rules there will be a legal relationship and will give birth to rights and obligations for video creators and to television stations as third parties who take videos from Youtube that are broadcast on television station by taking the video, the television station must first obtain permission from the creator of the video and include Youtube courtesy (sourced from Youtube) and the name of the video creator. As for the profit earned by television stations by broadcasting the video commercially, the television station must also provide compensation in the form of a request for royalty sharing and the amount of royalty sharing often depends on the mutual agreement of the parties to the video creator.Keywords: Legal Protection, Copyright, Video

IMPLEMENTASI SISTEM PERADILAN BERBASIS ONLINE (E-COURT) DITENGAH PANDEMI COVID 19 DALAM PENYELESAIAN PERKARA PERDATA OLEH ADVOKAT DI PENGADILAN NEGERI SAMARINDA

ABSTRACTSupreme Court Regulation Number 1 of 2019 or hereinafter abbreviated as PERMA Number 1 of 2019 is a revision of the previous Supreme Court Regulation, namely: Supreme Court Regulation Number 3 of 2018 concerning the Administration of Cases in Electronic Courts. service needs that are easier, cheaper, and more efficient. This service requirement is difficult to achieve without the support of information technology. Especially during a pandemic like now, the presence of PERMA is expected to be one of the answers to several problems faced by the community.The formulation of the problem in this study is what is the legal basis for the application of e-court by advocates in the settlement of civil cases in the general court in the city of Samarinda and how is the application of e-court by advocates in the settlement of civil cases at the Samarinda District Court. The type of research conducted by researchers is research that uses empirical juridical research methods where researchers can collect data through interviews.From the results of this study, it can be concluded that the e-court that occurred at the Samarinda District Court has met the effectiveness and is based on the law in a case that is more effective and efficient. Indicators of the effectiveness of e-court in this case can be seen from the fulfillment of a judicial institution that is simpler, faster, and cheaper when compared to the ordinary legal process. In litigation cases through e-court, both parties seeking justice and the court concerned get better benefits than litigation in the usual way, which can be seen from a simpler process, faster time so that from both cases the costs incurred are also more. spent. easier for justice seekers and also easier for advocates in the judicial process.Keyword  : Justice System, E-Court, Samarinda District Cour