Fulfillment of Workers’ Rights in Remote Working: The Perspective of Labor Development Principle in Indonesia

The popularity of working from home or remote working is rising globally. In Indonesia, the existence of the internet underpins the trend of working from home since accessing this technology is effortless. However, existing regulatory provisions mostly govern matters regarding office work, while the rights and responsibilities between employers and employees in the remote working scheme have never been specifically regulated. This situation creates a huge gap between what is stated in a written law and law in action. This research aims to analyze the congruence of agreements with the fulfilment of rights of workers working from home from the perspective of legislation and the principles of labor development. This research employed sociological and legal methods. The research results indicate that the fulfilment of labors’ rights in both the agreement and implementation has not met the principles of labor development. The conflict of rights and criminal violations regarding this matter is obvious since workers’ rights governed in the legislation are not governed in the work agreement. Moreover, there is still incongruence between the regulations and implementation of the rights of workers regarding the portion of break/leave and overtime wages

The Urgency of Strengthening Creditor Legal Protection in Fiduciary Guarantee Agreements

In a fiduciary guarantee agreement, both the fiduciary recipient and the fiduciary giver according to the fiduciary guarantee law are equally given legal protection. However, there are still weaknesses in legal protection for creditors, exacerbated by the practice of implementing fiduciary agreements in the field, among others in the form of not registering fiduciary objects (only stopping at making authentic deeds). Then, in the practice that occurs, the financial institution in entering into a financing agreement includes the words fiduciary guarantee. However, ironically, it is not made in a notarial deed and is not registered at the Fiduciary Registration Office to obtain a certificate. So, it is not surprising that due to such practice, cases of slow and difficult execution of fiduciaries are a problem. This research is to answer the question: the urgency of implementing strengthening legal protection for creditors in fiduciary guarantee agreements? To answer this problem, the author conducted normative legal research by looking at sociological conditions that occurred or were based on field facts. The results of this study indicate that a fiduciary guarantee that must be made with a Notary Deed, can provide legal protection if the process and procedures are following Law No. 42 of 1999 concerning Fiduciary Guarantee, and Fiduciary Guarantee was born since it was registered. In addition, in the practice of administering fiduciary guarantee agreements in Indonesia, legal protection efforts for creditors have not been fully implemented for fiduciary guarantee agreements. This is due to the juridical and non-juridical inhibiting factors in the form of inconsistencies between the mandates contained in the legal basis of fiduciary guarantees and the practices of their organizers

The Legal Status of Marital Joint Property Sourced from the Wife

This article aims to determine the position of marital joint property originating from the wife in divorce cases according to the Compilation of Islamic Law, as well as legal protection of the rights of wives who support household life according to the Compilation of Islamic Law. This normative research inventories the applicable regulations concerning joint property in the Islamic concept using the Compilation of Islamic Law. The results of the writing show that there is legal vagueness in the Compilation of Islamic Law because the regulation of the status of joint marital property only regulates general matters where the husband earns a living, while more concrete provisions if the wife earns a living are not regulated. Instead of going to court to divide the joint property, it is better for the husband and wife to divide the property amicably. Keywords: legal status, marital joint property, the wife provides for the husban

The Urgency of Strengthening Creditor Legal Protection in Fiduciary Guarantee Agreements

In a fiduciary guarantee agreement, both the fiduciary recipient and the fiduciary giver according to the fiduciary guarantee law are equally given legal protection. However, there are still weaknesses in legal protection for creditors, exacerbated by the practice of implementing fiduciary agreements in the field, among others in the form of not registering fiduciary objects (only stopping at making authentic deeds). Then, in the practice that occurs, the financial institution in entering into a financing agreement includes the words fiduciary guarantee. However, ironically, it is not made in a notarial deed and is not registered at the Fiduciary Registration Office to obtain a certificate. So, it is not surprising that due to such practice, cases of slow and difficult execution of fiduciaries are a problem. This research is to answer the question: the urgency of implementing strengthening legal protection for creditors in fiduciary guarantee agreements? To answer this problem, the author conducted normative legal research by looking at sociological conditions that occurred or were based on field facts. The results of this study indicate that a fiduciary guarantee that must be made with a Notary Deed, can provide legal protection if the process and procedures are following Law No. 42 of 1999 concerning Fiduciary Guarantee, and Fiduciary Guarantee was born since it was registered. In addition, in the practice of administering fiduciary guarantee agreements in Indonesia, legal protection efforts for creditors have not been fully implemented for fiduciary guarantee agreements. This is due to the juridical and non-juridical inhibiting factors in the form of inconsistencies between the mandates contained in the legal basis of fiduciary guarantees and the practices of their organizers. Keywords: legal protection, creditors, fiduciary guarante

Constitutional Rights of Labour During Covid 19 Pandemic: A Study of India and Indonesia

The Covid 19 pandemic, and the legal sanction for lockdowns and curfews in 2020, had a profound impact on workers even as economic downturn, reduction of labour demand, unemployment, severe financial distress, forced migration or confinement, assailed the labour sector. The informal, contractual, migratory, daily wage, and blue-collar workers across the world were especially vulnerable and most deleteriously affected, by the pandemic. A review of the legislative, legal, and judicial responses to labour rights during the pandemic, in different States provides crucial insights into how the variegated national Constitutional philosophies regarding labour and associated rights, were originally conceived, and are presently perceived, negotiated, and implemented resulting in divergent outcomes in praxis. This article based on secondary sources, critically analyses the jurisprudence underlying the legislative, legal and judicial reflexivity to labour rights during the pandemic lockdown in 2020 and 2021 in India and Indonesia, which are the two hegemonic developing economies of Asia in their respective regions, to identify the lacunae and susceptibilities in constitutional conception and its legal articulation which may be amenable to reforms for making law more socially responsive for a more egalitarian and humane society

SANTRI HONESTY CRISIS: TEACERS' EFFORT TO FORM STUDENTS' SIDDIQ CHARACTER THROUGH SANTRI TRIOGY CHARACTER EDUCATION (HUSNUL ADAB) AND GOOD CHARACTER HABITS (PKB)

The crisis of honesty and bad morals of students also destroys students' character. Traditional education known as Islamic boarding school is very important to increase the nation's intelligence and independence. After considering existing problems, there are new innovations that differentiate character formation in formal institutions from Islamic boarding schools. The Teacher's Efforts to Shape the Siddiq Character of Students Through the Santri Trilogy Character Education (Husnul Adab) and the Good Character Practice (PKB) by restoring divine values to humans are actualized by character formation through the santri trilogy which is conceptualized in the culture of santri life. From the results obtained, the Teacher's Efforts in Shaping the Siddiq Character of Madrasah Students Through the Santri Trilogy Character Education (Husnul Adab) and Good Character Habits (PKB) can be seen in: 1) the daily activities of the students in the form of congregational prayers, the implementation of early and formal schools, greeting activities every morning, there are Islamic boarding school regulations, the santri's ta'dzim attitude towards kyai and asatidz. This activity contains the values of the trilogy and the habituation of the good character of the students. 2) The habituation of the good character of the students which is carried out every day at the Islamic boarding school is worthy of being emulated

Legal Knowledge Management System on Family Law for Society

Introduction to The Problem: Until 2018, the problem in the realm of family law (marriage and inheritance) were the highest problems faced in religious courts. Through the Community Program for Women and Children Care (Madupria), the family welfare movement of Sumbersekar Village (PKK Desa Sumbersekar) wants to help in speaking out about the family’s legal problems that have been faced by the community in Sumbersekar village. Family legal issues in the community can be diminished if the community has good legal knowledge (intelligent legal). Nowadays, the current digital, legal collaboration, and information technology, should be utilized. One of the ways is through a legal knowledge management system, which will create a family legal savvy community in Sumbersekar village.Purpose/Objective Study: The purpose of this research is to perceive why family law problems occur in the village of Sumbersekar, and what kind of family law knowledge is needed, as well as modeling cases through a legal knowledge management system.Design/Methodology/Approach: This is multidisciplinary research that uses sociological legal research method, as well as using the method of research and development in the field of information technology.Findings: Family law issues in these cases are the rights and obligations of husband and wife and the distribution of inheritance. The causes of legal problems that happened regarding the rights and obligations of husband and wife are economic problems (10%), lack of education (20% lack of knowledge), poor communication (25%), and adverse environmental impacts (45%). In comparison, the problem of inheritance is caused by internal personal desires on controlling legacy (40%) and the lack of education/knowledge (60%). Whereas, the required legal experience to overcome these issues are family law and inheritance law is consisting of statutory regulations, judges’ decisions, and scientific articles

Recognition and Strengthening the Customary Land Ownership in Central Borneo Province

Introduction to The Problem: The rapid flow of globalization has brought indigenous peoples to prolonged horizontal and vertical conflicts. The majority of conflicts triggered by who has the right to own the land and functionalize it. The land that belongs to indigenous peoples and it inherited from generation to generation, suddenly taken by investors and it even supported by the government. The indigenous people are often victimized and forced out from their customary lands. They who try to claim the rights sometimes experience obstacles because of the stronger and dominant government position in the court. One of these conflicts occurred in the Dayak community in Central Borneo Province.Purpose/Objective Study: This study aims to determine the problems experienced by indigenous peoples in Central Borneo Province, as well as to find out the mechanism for establishing a legal protection system in order to provide recognition and strengthening ownership of customary land in the Central Borneo Province.Design/Methodology/Approach: This study uses normative research methods, with statute approaches and conceptual approaches.Findings: there are serious problems experienced by indigenous people in Central Borneo Province, related to customary land in their territory. However, there are legal safeguards that can be carried out through formal and administrative land recognition

Light-Touch Regulation to Optimize the Startup and MSME Ecosystem in Indonesia

Startup is a newly business entity based on digital technology which is currently a novel development to provide alternative solutions to problems and ease the burden of modern life. Almost the same as Micro, small, and emerging businesses (MSME) in Indonesia experience problems in terms of access to capital. Apart from that, the complexity of business licensing procedures, regulations and unclear institutions that regulate startup and MSMEs in Indonesia fail even before they develop. This research aims to restore regulations in Indonesia in the field of startup and MSMEs. The research method employed is normative legal research with a statute- and conceptual-based approach. From the study's findings, it can be concluded that the Light Touch Regulation in the field of startup and MSMEs is expected to improve the start-up and MSMEs ecosystem, such as ease of business trials, legal protection for new entrepreneurs, access to financing, or protection of intellectual property as has been proven implemented by several countries such as America, Japan, Germany, Swiss, South Korean, etc