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Penyelesaian Sengketa Tanah Antara Masyarakat dan Developer di Kota Batam Elza Syarief; Haji Syukur Lehidonu
Journal of Law and Policy Transformation Vol 2 No 1 (2017)
Publisher : Universitas Internasional Batam

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Abstract

Land is a significant part in providing sources for life for human beings. The problems relating to land dispute settlement remain to be unable togive justice and fairness to disputing parties as it is mandated by Pancasila, the 1945 Constitution, Law No.5 of 1960 concerning the Basic Land Law and the Regulation of Agrarian Minister and Head of National Land Body No.5 of 2015 concerning Location Permit. This study reveals that land dispute settlement between community and developers in Batam City should be conducted by litigation and non litigation because these are the appropriate settlement methods in providing justice, security, comfortability and happiness to both disputing parties. === Tanah sebagai bagian yang sangat penting memberikan sumber penghidupan, seluruh umat manusia. Permasalahan penyelesaian sengketa tanah belum dapat memberikan rasa keadilan bagi pihak-pihak yang bersengketa, sebagaimana diamanatkan dalam Pancasila dan UUD 1945 dan Undang-Undang No. 5 Tahun 1960 tentang Dasar Pokok-Pokok Agraria maupun Peraturan Menteri Agraria Dan Tata Ruang/Kepala BPN No.5 tahun 2015 tentang Izin Lokasi. Studi ini mengungkapkan bahwa bentuk penyelesaian sengketa tanah antara masyarakat dan Developer di Kota Batam sebaiknya dilakukan melalui secara Litigasi maupun Non Litigasi karena cara inilah yang paling tepat dalam memberikan rasa keadilan, keamanan dan kenyamanan serta kebahagian bagi kedua belah pihak yang bersengketa.
The Effectiveness of Legal Protection on The Wage of Workers in Small Medium Enterprises in The Culinary Sector Nur Laily; Elza Syarief; Winda Fitri; Sudisno Sudisno
Syiah Kuala Law Journal Vol 5, No 2: Agustus 2021
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (109.344 KB) | DOI: 10.24815/sklj.v5i2.21291

Abstract

The problem of inequality related to wages for workers in a society that we often encounter must be resolved. So, this study aims to determine the effectiveness of the application of the Labor Law on wages of Small and Medium Enterprises workers in the culinary sector in Batam, as well as to see the obstacles that occur in the implementation of wages of Small and Medium Enterprises workers in the culinary sector of Batam City. This reserach is empirical research that is based on events that have occurred in the field regarding the application of the law through a series of observations, interviews with competent government officials, small and medium enterprises in the culinary sector. This research shows that the wages received by most of the Small and Medium Enterprises workers in the culinary sector in Batam City are not feasible, such as the absence of a work agreement as mandated by the Labor Law. This can occur because the Manpower Law does not explicitly accommodate the interests of Small and Medium Enterprises workers in the culinary sector, then the government's lack of awareness in preparing skilled workers, and the low quality of education of workers.
Regulasi Keinsinyuran dalam Konteks ASEAN Mutual Recognition Agreement on Engineering Services Vicky Septia Rezki; Rina Shahriyani Shahrullah; Elza Syarief
Nagari Law Review Vol 6 No 1 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.1.p.36-54.2022

Abstract

Infrastructure development is a benchmark for a country's achievement. Indonesia as developing countries makes various acceleration efforts by increasing the quality and quantity of engineers as the main actor to produce quality development plans. In addition, considering the development of the ASEAN Economic Community (AEC), engineering practice is expected to contribute globally, especially in ASEAN countries. To answer this, the Government of Indonesia issued Act Number 11 of 2014 concerning Engineering and Act Number 2 of 2017 concerning Construction Services. These two Regulation serve as legal protection for the implementation of engineering practice. However, along with the dynamics of political interests, the implementation of these two regulations are actually contradictive and they inherent the ambiguity of the roles of several intersecting institutions related to the engineering profession certification process. Hence this study aims to analyzes the disharmonization of the regulations and to offer solutions. To achieve the aims, the study uses a sociological juridical method that examines the provisions of the two act and examines in depth the realities that exist in society. Beside that, the method use the secondary legal material such as Mutual Recognition Agreement (MRA) on Engineer Service in ASEAN. This article offers a critical approach obtained from the Focus Group Discussion as a public sphere for the gap in engineering practice certification. In this study, it was found that there are gaps in the function and flow mechanism in obtaining competency certificates. This condition has led to a tendency for professional actors to choose an easiest requirement but provide a large access to participate in various government projects. The study concludes that basically the presence of these two acts are beneficial in regulating engineering practices, but they are not supported by massive information and consistency of the government as a regulator and the synergity of the institutions involved in implementing these regulations has not been optimal.