Reflecting on Van Omstandigheden's Misbruic Problems in Certain Time Employment Agreements Post The Entry of The Employment Creation Law

Manpower has a strategic function in the progress of the business world, this is because the workforce is the motor in ensuring the continuity of the business world and national development. The sum of the compensation arrangements and the expiry of the work agreement for a certain time shows that the protection of labor rights is not yet comparable to the needs of the business world for workers. This paper aims to analyze and describe the weaknesses in setting work agreements for a specified time in the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (Job Creation Law) which resulted in Misbruik van Omstandigheden in work agreements for a certain time after the enactment of the Law. Job Creation. This writing uses a post-positivism paradigm with empirical research types. Based on the studies conducted in this paper, it is known that the existence of Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation and Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Break Time, and Termination of Relations Work, in fact, has not been able to guarantee freelancers from misbruik van omstandigheden carried out by employers. This fact shows that there is a need for reformulation related to the implementation of supervision and protection for workers for a certain time in real terms, accompanied by strict sanctions against employers in a certain time agreement who misbehave van omstandigheden

LEGAL PROTECTION OF INDONESIAN LABOR IN MANAGEMENT OF HOUSEHOLD OVERSEAS

Protection of Indonesian Migrant Workers abroad is regulated in Act number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Many Indonesian workers work abroad due to the explosion of a very high population, which triggers very high unemployment. This research uses library research (qualitative research) and is a qualitative, descriptive analysis. Literature research, which examines the number of literature relevant to the problem of this writing. Data analysis used in this study is descriptive qualitative by analyzing data/information obtained through descriptive research with library research which is then systematically compiled and described qualitatively. Suggestions that can be delivered related to legal protection according to Law No.18 of 2017 is to increase the guidance and counseling for Indonesian Migrant Workers who will work so that the Indonesian Migrant Workers are ready to be deployed. Based on article 88 of Law No. 18 of 2017 then the government should create a body as mandated by Law No. 18 of 2017 so that the protection of Indonesian Migrant Workers abroad can run effectivel

LEGAL PROTECTION ON INDONESIAN LABOR IN ABROAD

The number of cases of migrant workers abroad need to establish protection which is able to overcome the problems or issues that have so far linked with the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. As stipulated in the Act no. 39 2004 Article 6 that the government is responsible for enhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers without pressure from other parties. In order to protect workers, it is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers, it is not only the duty of the minister of labor alone, but also the duty of the foreign minister. This is in accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations, which is representative of the Republic of Indonesia is obliged to provide care, protection and legal aid to citizens and legal entities abroad Indonesia in accordance with national legislation and international law and practice

POLITICAL REFORM OF LABOR PROTECTION LAW IN THE GLOBALIZATION ERA

In its development, economic globalization has created an affiliation between the local economy and the international economy. It resulted in an extraordinary blow to the economic system in third world countries that were trying to become developed countries. It can be seen in the issue of protecting workers' welfare, which is not fair. So, this article intends to discuss related to the protection of workers' welfare in the era of globalization and the weaknesses that affect the protection of labor rights in the era of globalization, which can't realize justice for workers. The article is expected to be able to stimulate each party to re-discuss the issue of protecting labor welfare in the current era of globalization in Indonesia. The results of research produced are The factors that influence injustice in protecting workers' welfare in Indonesia are Legal rule factors, Influence Factors of Globalization can also be concluded that the failure of labor law politics in Indonesia will have an impact on the increasing poverty rate in Indonesia due to increasing unemployment in Indonesia as one of the effects of the flood of foreign workers in Indonesia with the number of employment that is running low

The Legal Certainty of Notary Deeds in Indonesia Used in Countries Not Joining the Apostille Convention

This study aims to find out and analyze legal certainty over the legal status of authentic deeds of Indonesian notaries that are used outside the territory of Indonesia and to find out and analyze the steps that must be taken by notaries so that authentic deeds of notaries in Indonesia can be used outside the territory of Indonesia which not yet a member of the Apostille convention. This research uses Normative Research Methods, with a Conceptual approach and Legislation. The data source used is secondary data in the form of primary, secondary and tertiary legal materials. Data collection techniques using the Library Studies method. With the method of data analysis using Perspective analysis. The results of the study show that: First, the legal status of the Authentic Deeds of Notaries in Indonesia that are applied for through the Legalization process through Diplomatic or Consular channels and the Legalization of Apostille are equally valid. outside the territory of Indonesia that have not joined the Apostille Convention by fulfilling the elements of the validity of an Authentic Deed based on statutory regulations, taking into account the general principles and principles of National Civil Law, National Civil Law of Destination Countries, and International Law. The register Notary specimens at the Directorate General of General Legal Administration, as well as carry out the document legalization process

Implementation of Labor Overtime Protection of PT Hwaseung Indonesia

This study is based on the legal problems of the workforce who work overtime hours at PT Hwaseung Indonesia. This research uses empirical juridical law research methods aimed at analyzing the implementation of legal protection of overtime work of PT Hwaseung Indonesia. Legal protection at PT HWI has not been fully implemented in accordance with Article 78 letter b of the Employment Law No.13 of 2003 that is, overtime work can be done a maximum of 3 hours in 1 day, and 14 hours in 1 week. Kepmen. No. 233 / MEN / 2003 allows its employees to work beyond the provisions of Law No. 13 In 2003, the original work was done according to the type and nature must be continuous. Although there are violations of overtime hours, the implementation of legal protection against workers beyond overtime has been done by PT. HWI, that is, by requesting the consent of workers before committing overtime and providing overtime wages. It is hoped that through this research will be found new ideas of thought that are useful for the Indonesian Ministry of Transport. Where the results of the research can be used as an indicator in conducting labor surveillance, in order to find ideas on how labor regulations play a greater role for the human rights of workers

Effectiveness of Mandatory Labor Report in Company of Network for Provision of Company Data

This study aims to determine and analyze the effectiveness of the application of compulsory employment reports in networks (online) in supporting the provision of company data in districts/cities, especially in Salatiga. The research method used in this writing is sociological juridical. Based on the research, it is concluded that the enforcement of mandatory employment reports in companies in the network (online), in terms of reporting speed, helps the government and entrepreneurs or company administrators to carry out their reporting obligations, but in terms of quantity and quality of reporting, it is considered ineffective in supporting the provision of company data in the City of Salatiga

TINJAUAN YURIDIS TERHADAP PELAKSANAAN PERJANJIAN SEWA BELI MOBIL DI PT. ANDALAN FINANCE SEMARANG

Dalam perkembangan dunia bisnis kita mengenal berbagai macam perjanjian salah satunya adalah perjanjian sewa beli.Perjanjian ini tumbuh di masyarakat seiring perkembangan jaman.Semakin banyaknya orang yang menyewakan mobilnya untuk disewakan, sedangkan mobil tersebut masih dalam masa angsuran.Hal inilah yang menyebabkan sistem sewa beli semakin dikenal oleh masyarakat.Tujuan penelitian adalah 1) Untuk mengetahui pelaksanaan perjanjian sewa beli mobil di PT. ANDALAN FINANCE Semarang. 2) Untuk mengetahui upaya hukum yang dilakukan apabila pihak pembeli melakukan wanprestasi.Perjanjian sewa beli di Indonesia sebenarnya belum diatur dalam Kitab Undang-Undang Hukum Perdata (KUHPerdata). Dalam prakteknya sewa beli itu sendiri diperbolehkan oleh undang-undang berdasarkan pasal 1338 ayat 1 KUHPerdata yang menyatakan bahwaseseorang mempunyai kebebasan untuk mengadakan perjanjian dengan siapapun, menentukan isi perjanjian serta menentukan hukum yang berlaku dalam perjanjian tersebut. Skripsi ini membahas tentang bagaimana pelaksanaan perjanjian sewa beli di PT. ANDALAN FINANCE SEMARANG dan apa upaya hukum yang dilakukan apabila pihak pembeli melakukan wanprestasi. Penulis menggunakan penelitian dengan metode lapangan yaitu penelitian dengan data yang diperoleh dari hasil kegiatan di lapangan.Teknik pengumpulan data penelitian ini adalah berupa studi lapangan dengan melakukan wawancara kepada pihak PT. ANDALAN FINANCE SEMARANG, untuk mendapatkan keterangan terkait dengan pelaksanaan perjanjian sewa beli mobil.Hasil yang penulis dapatkan berdasarkan rumusan masalah yang dibahas tentang pelaksanaan perjanjian sewa beli mobil di PT. ANDALAN FINANCE SEMARANG, yang diatur dalam pasal 1338 KUHPerdata tentang asas kebebasan berkontrak dan pasal 1320 KUHPerdata tentang syarat sahnya perjanjian, menyatakan bahwa pelaksanaan perjanjian sewa beli mobil di PT. ANDALAN FINANCE SEMARANG sudah sesuai dengan aturan hukum yang berlaku di Indonesia. Bisa kita lihat dari  yang dijadikan objek sewa beli adalah mobil yang merupakan barang yang halal dan bukan merupakan barang terlarang. Orang yang melakukan perjanjian harus sudah cakap hukum dan dilakukan tanpa paksaan dari orang lain. Apabila ada salah satu pihak yang merasa dirugikan dalam hal ini, upaya hukum yang bisa dilakukan adalah dengan cara mediasi, apabila cara ini belum menemukan jalan keluar maka pihak penjual sewa melakukan pelaporan kepolisian. Tetapi kalau cara ini masih belum menemukan jalan keluar maka cara terakhir adalah dengan cara sidang pengadilan

The Supreme of the Child Criminal Jurisdiction System in Protecting Children's Rights that Deals with the Law

The purpose of this paper is to examine and analyze the supremacy of the juvenile criminal justice system in protecting the rights of children in conflict with the law. In this paper, the author uses a normative juridical method. In the conclusion of the discussion that in conducting an investigation of a child as a criminal, an investigator must understand the Child Criminal Procedure Law as stipulated in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System, the arrest of a child is carried out for the purpose of investigation for a maximum of 24 (twenty four) hours, a child who is arrested must be placed in a special service room for children, in the event that a special service room for children does not yet exist in the area concerned, children are deposited in LPAS. The examination process before the court also requires the defendant to be detained in order to expedite the examination process, the judge can make a detention for a maximum period of 10 (ten) days, the period at the request of the judge can be extended by making an application to the head of the district court for a maximum of 15 (fifteen) days, if the 15 (fifteen) days period has ended and the Judge has not rendered a decision, then the child must be expelled by law (Article 35 of the Juvenile Criminal Justice System Act)

The Building a Legal Culture of Awareness in Nitikan Village, Magetan District

The Legal awareness of the community in Nitikan Village, Plaosan Subdistrict, Magetan Regency, East Java in particular, needs to be conveyed and information about the law or legislation to the community, in order to increase legal awareness in the community. The purpose of this research is to find out how the Law Awareness Village Community Development of Nitikan Village, Magetan Regency and to analyze the legal awareness of the community in Nitikan Village, Magetan Regency. This type of research is a juridical sociological approach, the method of juridical sociological approach is an approach method that describes a statement that exists in the research field based on legal principles, legal rules, on applicable legislation and has to do with the problems studied. The people of Nitikan Village do not know about the actions that are not permitted or about the penalties for using social media. There are still students who use social media to bully and use impolite words, which shows the lack of legal awareness of the community in using social media wisely. The high level of legal awareness in an area will lead to a civilized society. The community in Nitikan Village, Magetan Regency needs to be given a discourse related to trusted information provider sites and sites that should be avoided. Examining viral news and hoax information that is widely circulated in the community