Legal Protection for Employers Working in a Service Providers in the Economic Law Perspective

This article aims to find out legal protection in the employment relationship between outsourced workers and employers and how the implementation of providing welfare protection by employers/service providers to outsourced workers. The study was conducted using the method of normative legal research or also called doctrinal research using the statute approach, case approach, and conceptual approach. The results showed that legal protection for outsourced workers needs to be improved including law enforcement with very low integrity in case of violations committed by employers or companies against outsourced workers. Provision of welfare protection in the form of labor social security, compensation and benefits that can meet all the socio-economic needs of workers. Then the main purpose of the existence of economic law so that economic growth continues, and is expected to change or transformation of economic structure

LEGAL ASPECTS OF IMPLEMENTATION OF ADDITIONAL EMPLOYEE INCOME FOR STATE CIVIL APPARENTS IN MAKASSAR HEALTH SECTOR

The provision of TPP is to improve employee welfare and satisfaction with the performance benefits of ASN employees. However, in Makassar there is an exception for the provision of TPP ASN for health workers which results in discrimination for health workers. Thus, the author is interested in studying the implementation of Perwali Number 58 of 2020, the mandate of the Minister of Home Affairs Number 061-5449 of 2019 concerning the Procedure for Approval of the Minister of Home Affairs on the TPP ASN in the scope of the Regional Government. This study used an empirical approach to legislation (Statute Approach) commonly known as the juridical-normative approach. This research also used a conceptual approach which is a type of legal research that provides an analytical point of view on solving a problem from the aspect of legal concepts. The results of the analysis from this study state that the implementation of Perwali Number 69 of 2020 accommodates the provision of TPP for Health workers and is in accordance with the laws and regulations as the legal basis for implementing PP Number 12 of 2019 concerning Regional Financial Management. However, it is still limited because it is only managed in certain agencies, namely only at the Health Office, not to the UPT Hospitals and Public Health Center due to several components, namely workload and work performance not being met, the existence of medical services, and regional financial capabilities. So that there is a need for coordination and optimization of increasing effectiveness regarding the elements of the tested criteria for providing TPP.The provision of TPP is to improve employee welfare and satisfaction with the performance benefits of ASN employees. However, in Makassar there is an exception for the provision of TPP ASN for health workers which results in discrimination for health workers. Thus, the author is interested in studying the implementation of Perwali Number 58 of 2020, the mandate of the Minister of Home Affairs Number 061-5449 of 2019 concerning the Procedure for Approval of the Minister of Home Affairs on the TPP ASN in the scope of the Regional Government. This study used an empirical approach to legislation (Statute Approach) commonly known as the juridical-normative approach. This research also used a conceptual approach which is a type of legal research that provides an analytical point of view on solving a problem from the aspect of legal concepts. The results of the analysis from this study state that the implementation of Perwali Number 69 of 2020 accommodates the provision of TPP for Health workers and is in accordance with the laws and regulations as the legal basis for implementing PP Number 12 of 2019 concerning Regional Financial Management. However, it is still limited because it is only managed in certain agencies, namely only at the Health Office, not to the UPT Hospitals and Public Health Center due to several components, namely workload and work performance not being met, the existence of medical services, and regional financial capabilities. So that there is a need for coordination and optimization of increasing effectiveness regarding the elements of the tested criteria for providing TPP

Criminal Accountability Against Illegal Civil Servant Salary Receipt in Criminal Acts of Corruption

The current study draws attention to analyze the right to salary of Civil Servant (PNS) undergoing legal proceedings and to analyze the qualifications of criminal act of corruption within the scope of the State Civil Apparatus. This study was an empirical legal research. The findings showed that the right to salary and benefits of Civil Servant undergoing legal proceedings was regulated in Article 281 of Law No. 11 of 2017 concerning Management of Civil State Apparatus that Civil Servant who were temporary dismissed due to detention of a suspect shall not be entitled to receive salary, but shall receive temporary dismissal pay. The amount of temporary dismissal pay is 50% (fifty percent) of the last salary as civil servant before being temporary dismissed in accordance with the laws and regulations. Temporary dismissal pay shall be received in the following month since the stipulation the temporary dismissal. On this basis, a comprehensive regulation is needed relating to supervisory oversight mechanism who made an omission against her subordinate civil servants who have committed disciplinary violations, especially those who were suspected of committing criminal act

Legal Policy of National Defense: Developing National Character in Indonesia

Indonesia is likely to face a complex and dynamic strategic for national development in the future. Despite the country’s political reforms, domestic security problems including communal tensions, religious radicalism, and terrorism continue to pose dangers to the wellbeing of the Indonesian people. The research is a normative-legal research using a statute and conceptual approaches. The results show that the understanding of a universal defense system in legal policy in the field of national defense is the implementation of a national defense system that involves all aspects both community and territoriality based on the values of Pancasila and the 1945 Constitution. The integration of the defense component is in order to aligning the vision and mission as part of the implementation of the national defense system development agenda. By this integration it will have a greater impact on efforts to achieve development goals in the field of defense. The involvement of citizen in the implementation of the national defense system must be early exercised. Early involvement means that there is a rational effort undertaken by the State. This tiered model leads to three basic elements of the system i.e nationality insight, national schooling, and State-defense orientation. Keywords: Character; Defense; Government; Legal Policy; Nationality DOI: 10.7176/JLPG/ DOI: 10.7176/JLPG/97-06 Publication date:May 31st 202

The Right of Suspects to Obtain Legal Aid in Criminal Investigation

In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect

Makna Pemberian Remisi kepada Warga Binaan Pemasyarakatan Terpidana Seumur Hidup

This study analyzed the legal position of presidential decrees in granting remissions to inmates and the meaning of giving remissions to lifelong criminal inmates. This study used normative juridical research with a statutory approach, a conceptual approach, and a comparative approach—sources of data obtained from primary and secondary legal materials. The data obtained were analyzed using descriptive methods. The results of the study showed that the legal position of the presidential decree in granting remissions that changed the type of punishment for inmates did not have juridical power. Changes in the type of crime should be carried out in the form of clemency as stipulated in the 1945 Constitution of the Republic of Indonesia. The meaning of giving life imprisonment to prisoners in prison in Indonesia was different from some countries in the world, which only reduced the criminal period and did not change the type of punishment because due to remission, it was excluded from crimes that were very dangerous to the general public

Status Hukum Hak Milik atas Tanah yang Ditetapkan sebagai Zona Merah: Studi Kasus Kota Palu

Abstract: This study aims to determine the legal status and legal protection for land rights owners, which are designated as red zones by the Regional Government of Palu City. This study uses empirical legal research methods. The research was conducted in Palu City, designated a red zone after the tsunami and liquefaction. This study indicates that the community in the affected area can no longer claim their land in the affected area. Juridically, based on Central Sulawesi Governor Regulation Number 10 of 2019 concerning Post-Disaster Rehabilitation and Relocation Plans that affected areas in the red zone are relocated to safer locations, as well as regulating the implementation of house construction for the relocation of liquefaction victims who have legal rights to land and buildings according to law.   Abstrak: Penelitian ini bertujuan untuk mengetahui status hukum dan perlindungan hukum bagi pemilik hak atas tanah yang ditetapkan sebagai zona merah oleh Pemerintah Daerah Kota Palu. Penelitian ini menggunakan metode penelitian hukum empiris. Penelitian dilakukan di di Kota Palu yang ditetapkan zona merah pasca tsunami dan likuifaksi. Hasil penelitian ini menunjukkan bahwa masyarakat pada kawasan terdampak tidak dapat lagi dapat menuntut tanahnya di kawasan terdampak. Secara yuridis, berdasarkan Peraturan Gubernur Sulawesi Tengah Nomor 10 Tahun 2019 tentang Rencana Rehabilitasi dan Relokasi Pascabencana bahwa kawasan terdampak dalam zona merah direlokasi ke lokasi yang lebih aman, sekaligus mengatur pelaksanaan pembangunan rumah untuk relokasi korban likuifaksi yang memiliki hak atas tanah dan bangunan secara sah menurut hukum. &nbsp

The Essence of Fostering Inmates in the Penitentiary System

Guidance of inmates becomes a very important thing in the process of law enforcement. Efforts to foster prisoners with a system of rehabilitation and social reintegration will have an impact both on the prisoners themselves and society at large. With a system of rehabilitation and social reintegration, prisoners can return to their original state and return to being responsible members of the community. Keywords: Guidance, Prisoners, Rehabilitation, Social Reintegration, Penitentiary System. DOI: 10.7176/JLPG/94-11 Publication date: February 29th 202

Tantangan dan Perkembangan Kebijakan Otonomi Khusus di Bidang Pendidikan Dasar

Permasalahan di bidang pendidikan yang terjadi di Indonesia sampai saat ini adalah tidak meratanya akses pendidikan. Tingkat dan kualitas pendidikan menjadi faktor yang sangat menentukan arah pertumbuhan bangsa. Penelitian ini adalah penelitian hukum empirik. Penelitian dilakukan di Kabupaten Manokwari, Provinsi Papua Barat. Hasil penelitian ini menunjukkan bahwa secara yuridis, dalam tataran internasional maupun nasional, instrumen hukum dan peraturan perundang-undangan Indonesia mengakui tentang adanya prinsip persamaan hak antara laki-laki dan perempuan. Hal itu menunjukkan bahwa implementasi kebijakan otonomi khusus di bidang pelayanan pendidikan di Kabupaten Manokwari, meliputi pemberian layanan kemudahan melalui dibentuknya Pendidikan Layanan Khusus bagi peserta didik di daerah terpencil, dan/atau mengalami bencana alam, bencana sosial, dan yang tidak mampu dari segi ekonomi. Selain itu, mewujudkan layanan pendidikan bermutu dengan menjamin ketersediaan guru dan distribusi guru yang tepat sasaran. Intervensi dalam Proses Pembelajaran. Prasyarat yang harus terpenuhi untuk meningkatkan akses dan mutu pendidikan di Papua dan Papua Barat adalah pemenuhan sarana pendidikan yang terstandarisasi. Selain itu, harus dikembangkan kurikulum lokal yang kontekstual dengan memperhatikan tipologi wilayah di tanah Papua. Pengembangan sekolah berasrama serta pendidikan khusus layanan khusus juga dapat dilakukan di beberapa daerah untuk mengatasi hambatan kultural

The Nature of Justice to Implement Nationality Principle in the Agrarian Law

This study aims to (1) know and understand the nature of  justice of nasionality principle of Basic Agrarian Law (hereinafter referred toBAL) as a philosophical foundation in the agrarian regulation; 2) to know and understand the synchronization of nasionality principle to be implemented in the agrarian regulation; and 3) to understand and find out the right strategy to embody the principle of nationality of BAL in agrarian regulation. This study is a normative research using a historical approach, a statute approach, and a conceptual approach. The source of legal materials consisting of primaryand secondary legal materials.  Those legal material then is analyzed by applying legal reasoning logically and systematically. The results shows that (1) The nature of justice of nasionality principle of BAL is to fulfill the people’s welfare for the sake of the state as a trustee and representative dimensions of agrarian rights; (2) The principle of nationality in any agrarian regulation shows the lack of synchronization; (3) The realization of the principle of nationality in the agrarian regulation must be followed by a discussion of agrarian regulation in the National Legislation Programme (hereinafter referred to PROLEGNAS). In terms of guiding the principle consistently, it would better to establish an independent Commission on Agrarian and Permanently Spatial. Keywords: Nature of Justice, Nationality principle, and Agrarian Law