Jurnal Gagasan Hukum

Resolution of Disputes Regarding the Rights of Domestic Workers in Indonesian Labor

2023-12-30T13:20:48+00:00

The aim of this research is to analyze the resolution of disputes when the rights of domestic workers are not granted by employers or domestic worker placement agencies based on Indonesian Labor Law and to examine the employer's responsibility in resolving disputes over the rights of domestic workers under Indonesian Labor Law. The method employed is normative legal research, focusing on dispute resolution for Domestic Workers. The findings reveal that domestic workers can utilize alternative dispute resolution to settle their disputes with employers. Dispute resolution, in cases where the rights of domestic workers are not provided by employers or placement agencies, can be addressed through both litigation and non-litigation channels. Current industrial relations dispute resolution regulations only mention conflicts between laborers/workers and employers/supervisors. According to Labor Law, domestic workers are not officially recognized as workers/laborers, yet employers are still responsible for the rights of domestic workers. The formulation of legislation specifically safeguarding the rights of domestic workers is crucial to provide the necessary protection for this group of workers.

Juridical Review of the Implementation of Pledge of Talak by Teleconference (Case Study of Ngawi Religious Court Decision No. 730/Pdt.G/2023/Pa. Ngw)

2024-01-25T02:55:48+00:00

Marriage is an act of worship recommended by religion. One of the main purposes of marriage is to build a household and give birth to an Islamic and civilized generation. However, not a few marriages must end in divorce due to many factors, one of which is the divorce case in Religious Court Decision Number 730/Pdt.G/2023/PA. Ngw in which the pledge of divorce is carried out using the teleconference method. The objectives of this research include: 1) Knowing how the implementation of the pledge of divorce by teleconference in Indonesia; and 2) Knowing the validity of the Pledge of Talak by Teleconference based on the judge's consideration based on Decision Number 730/Pdt.G/2023/PA. Ngw. Based on the results of the author's observations, the existence of a pledge of talak pronounced by teleconference is valid in the eyes of the law. So that with this method, the court can carry out its function to create an easy, fast, and low-cost justice.

Judicial Review of the Boycott of Israeli Products Based on Fatwa Indonesian Ulama Council (MUI) Number 83 of 2023

2024-01-25T03:34:13+00:00

In conjunction with the issuance of the Indonesian Ulama Council (MUI) Fatwa Number 83 of 2023 on the Legal Status of Support for the Palestinian Struggle, there has been a widespread call to boycott products affiliated with Israel. From a legal perspective, how does the boycott of Israeli products based on MUI Fatwa Number 83 of 2023 on the Legal Status of Support for the Palestinian Struggle actually work? Based on the research findings, it is concluded that as long as the call to boycott products affiliated with Israel in Indonesia does not contradict the provisions of prohibited imported goods, regulations such as the operation of foreign franchises or franchises, and Law Number 5 of 1999, the call for boycotting products affiliated with Israel is not a legal violation. It becomes a choice for the community to respond to it wisely.

Judicial Progress of Electronic Administrative Law in the Post-Reform Era of Digital 4.0

2024-01-26T07:25:06+00:00

Over the past decade in Indonesia, especially in the field of administrative justice or state administrative justice, there has recently been major reform in the justice system, starting with the enactment of Law No. 14 of 2008 concerning the Openness of Information to the Public, until recently with the enactment of Law no. 9 of 2018 concerning non-tax state revenues, there has been a very rapid expansion of the absolute jurisdiction of state administrative courts so that now they are not only allowed to examine beschikking but are also authorized to adjudicate all types of government administrative decisions, as long as they are not included in statutory regulations. invitations, and also to resolve disputes about factual actions. 1 of 2019 which opens a new paradigm for the justice system in Indonesia, or electronic courts (e-court). The method used is a bibliographic search method or a search that takes sources from related literature and is related to the discussion. In this document, it can be concluded that it is necessary to update the substance of the State Administrative Courts Law which is outdated in the digital era 4.0.

Constitutional Views On LGBT (Lesbian, Gay, Bisexual, Transgender) Rights In Indonesia

2024-01-28T10:34:56+00:00

In the present era, influenced by globalization, the Lesbian, Gay, Bisexual, and Transgender (LGBT) community is increasingly spreading worldwide. Unlike in the past when they were more discreet, they are now bolder and more vocal in expressing their existence. The most commonly cited reason is the assertion of human rights, with the argument that, based on human rights principles, they seek recognition and protection by the state in accordance with the constitution. This research aims to examine whether the rights of the LGBT community are protected by the constitution and what rights are specifically safeguarded. The results of this legal writing research indicate that the rights of the LGBT community as citizens are accommodated in Indonesian legislation, as evidenced by the principles of Pancasila, the Constitution, and other legal regulations. Similar to other citizens, the rights of the LGBT community encompass freedom, but they are also subject to obligations to comply with the legal system in Indonesia.

Legal Protection for Civilians and Businesses from Acts of Anarchism During Protests

2024-01-29T02:32:02+00:00

This research aims to explore the concept of anarchism in protest situations, as well as identify protection strategies for civilians and businesses. The research approach includes the analysis of literature related to anarchism, protests, and efforts to protect civilians, as well as an evaluation of the legal framework in place. The research findings emphasize the importance of adhering to legal boundaries and ethics in every protest action. While freedom of speech is a guaranteed fundamental right, it is also a responsibility not to abuse that right. Protection of the rights of civilians and businesses is also a key factor. The role of the police in ensuring protest safety must not be overlooked; they play a crucial role in ensuring that the activities proceed in an orderly and secure manner. Criminal accountability for acts of anarchism forms a strong basis for maintaining societal order and security. By understanding and complying with legal regulations, we can shape an inclusive, transparent, and democratic society, and create a solid foundation for collective progress. This research provides deep insights into the urgency of protecting civilians and businesses from anarchism during protests. The implications of this research include the implementation of public policies and compliance with the law to ensure safety and human rights in every demonstration. It is hoped that the findings of this research will make a positive contribution in addressing the challenges of protecting civilians and bussinnesesfrom anarchism in protests.

Certainty Of Criminal Legal Cyber Crime Online Gambling

2024-01-29T12:51:52+00:00

The aim of the research is to analyze the legal certainty of online gambling cyber crimes and to analyze judges' juridical considerations in deciding online gambling criminal cases. This type of research is normative legal research and research approaches, namely, legal approach, conceptual approach and analytical approach. Sources of data and legal materials obtained from secondary data sources, primary legal materials and tertiary legal materials. The data collection technique used is library research and the data analysis technique is qualitative analysis technique. The conclusion from the results and discussion in this research is that in the criminal law of cyber crime, online gambling, legal certainty has not been fully implemented. And in the District Court Decision Number: 834/Pid.B/2020/PN.Jkt.Brt and in the District Court Decision Number: 740/Pid.Sus/2020/PN.Ptk the judge's juridical considerations in making decisions are still guided by statutory regulations- invitation.