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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum Bisnis Bonum Commune Indonesia Law Review (ILREV)
Ganindha, Ranitya
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Law, Crime, Criminology & Criminal Justice

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Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Abstract

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.
PENGEMBANGAN POTENSI PRODUKSI USAHA MIKRO, KECIL, DAN MENENGAH DI PONDOK PESANTREN MELALUI PENDAMPINGAN HAK KEKAYAAN INTELEKTUAL Hidayat Putri, Zora Febriena Dwithia; Ganindha, Ranitya
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5785

Abstract

Islamic boarding schools as one of the educational facilities are currently starting to develop their potential in the economic field by establishing business centers. Most of the businesses owned by pesantren are micro, small and medium scale enterprises (MSMEs). MSMEs are considered to play an important role in Indonesia's economic activities because most businesses in Indonesia are small businesses that absorb a lot of labor. However, significant developments in terms of quantity have not been accompanied by developments in terms of quality. The purpose of this study is to analyze the mapping of potential business products from Islamic boarding schools in Malang, analyze the obstacles faced by MSMEs in Islamic boarding schools in product innovation about ntellectual Property Rights. for MSMEs to increase production potential. This study employs Juridical Empirical research. The focus of this research is the protection of IPR for MSMEs in Islamic boarding schools in Malang. Based on the results of the study, it can be concluded that the potential of MSME products owned by Islamic boarding schools in Malang City is currently quite diverse, ranging from supermarkets which are not only limited to internal boarding schools but also for the surrounding community. This activity also opens up opportunities for opening up job opportunities for many people as well as providing entrepreneurial education for students. Given the enormous benefits, this potential needs to be continuously supported and developed from various aspects, one of which is in terms of guaranteeing legal protection for MSME products of Islamic boarding schools through IPR assistance. Constraints faced by MSMEs in Islamic boarding schools in product innovation in relation to Intellectual Property Rights include: lack of detailed understanding of legal protection for MSME actors; stages of trademark registration that are considered difficult. Management is considered to only be able to be done directly and cannot use an online mechanism so that it will require quite a lot of costs; and product exclusivity is not the main thing, business competition is not too tight. IPR protection for MSME products is needed to prevent ideas that are owned and then stolen and used by other parties. Some forms of IPR protection that can be given to MSME products in Islamic boarding schools are through copyright management, brand rights, and having trade secrets.
RESTRICTIONS OF THE RIGHTS OF FREEDOM OF RELIGIONS: COMPARISON OF LAW BETWEEN INDONESIA AND GERMANY Saraswati, A. A. A. Nanda; Wicaksono, Setiawan; Ganindha, Ranitya; Hidayat, M. Choirul
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. The restriction of freedom of religion exists to protect the fundamental right or freedoms for every individual to avoid chaos. The restrictions on freedom of religion in the Indonesian Constitution are stated in Article 28 of the 1945 Constitution, Article 73 of Law No. 39 Year 1999, Article 18 of Law No. 12 Year 2005, and in PNPS No. 1 Year 1965. While Germany does not set explicit restrictions, the environment comes from the level of the Act: namely, Article 166–167 of the Criminal Code. In Indonesia, public order is defined as conformity of justice in consideration of morality, religious values, and security in a democratic society. Meanwhile, Germany defines public order as the protection of society based on the principles of balance and tolerance, in that individual freedoms must be balanced with other people’s fundamental rights, although this also means that a person’s idea of divinity must be excluded.
Co-Authors Hidayat Putri, Zora Febriena Dwithia Hidayat, M. Choirul Saraswati, A. A. A. Nanda Setiawan Wicaksono, Setiawan Sukarmi Sukarmi, Sukarmi Umar, Azahlia